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HEARINGS ON S. RES. 301
HEARINGS
BEiFORE A
SELECT COMMITTEE TO STUDY
CENSURE CHARGES
UNITED STATES SENATE
EIGHTY-THIRD CONGRESS
SECOND SESSION
PURSUANT TO THE ORDER ON
S. Res. 301
AND AMENDMENTS
A RESOLUTION TO CENSURE THE SENATOR FROM
WISCONSIN, MR. McCarthy
AUGUST 31, SEPTEMBER 1, 2, 7, 8, 9, 10, 11, 13 AND 17, 1954
PARTI
Printed for the use of the Select CJommlttee on S. Res. 301
HEARINGS ON S. RES. 301
HEARINGS
BEFORE A
SELECT COMMITTEE TO STUDY
CENSUEE CHARGES
UNITED STATES SENATE
EIGHTY-THIRD CONGKESS
SECOND SESSION
PDRSTJANT TO THE ORDER ON
S. Res. 301
AND AMENDMENTS
A RESOLUTION TO CENSURE THE SENATOR FROM
WISCONSIN, MR. McCarthy
AUGUST 31, SEPTEMBER 1, 2, 7, 8, 9, 10, 11, 13 AND 17, 1954
PART 1
Printed for the use of the Select Committee on S. Res. 301
/"^i-
UNITED STATES
GOVERNMENT PRINTING OFFICE
62461 WASHINGTON : 1954
7335
Boston Public Library
'uperintendent of Documents
OCT 2 7 1954
SELECT COMMITTEE TO STUDY CENSURE CHARGES
ARTHUR V. WATKINS, Utah, Chairman
EDWIN C. JOHNSON, Colorado, Vice Chairman
FRANK CARLSON, Kansas JOHN C. STENNIS, Mississippi
FRANCIS CASE, South Dakota SAM J. ERVIN, Jk., North Carolina
II
^ CONTENTS
0
Statements: ,. ^ . . ^*^*
Black, Senator Hugo: 1934 statement on shielding wrong-doing m
government 2"'
Carlson, Senator Frank: Propriety of administrative assistants par-
ticipating in senate committee or subcommittee hearings 249
Flanders, Senator Ralph E. :
June 1, 1954, Floor speech 308
June 11, 1954, Floor speech 310
Hennings, Senator Thomas 0. Jr. : August 2, 1954, Floor speech 52
Johnson, Senator Edwin C. : Denver Post article of March 12, 19o4 — 35
McCarthy, Senator Joseph R. :
Opening 14
Lustron 5^
Nixon, Congressman Richard : April 22, 1948, Floor speech 270, 274
Watkins, Senator Arthur V. (Chairman) :
Opening 11
Memorial to the late Senator Burnet R. Maybank 39
Impartiality question 40
Right of a Senator to lecture a witness in a hearing 252
Witnesses :
Senators :
Hayden, Carl 359
McCarthy, Joseph R. :
Before Mundt Committee on May 5, 1954, relative to 2i^-page
document :
Excerpts 95
In toto Part 2, 611
Direct examination . 181, 259, 278, 325
Cross examination 327, 375, 417
Others :
Anastos, C. George 518
Cohn, Roy 443
Collier, Robert A. :
Before Mundt Committee relative to 2i^-page document:
Excerpts 98
In toto :
May 5, 1954 Part 2, 575
May 6, 1954 Part 2, 608
Hall, Joseph W., Jr 66
Harding, William J., Jr , 175
Juliana, James N 514
Lawton, Major General Kirke B. (retired) accompanied by John
E. Pernice (counsel) 165, 433
Livin2;stone, B. L 63
Nelson, Clifford J 510
Peress, Major Irving :
Before McCarthy Committee on January 30, 1954 206
Watkins, Charles L. :
Direct examination 535
Cross-examination 540a
Winchell, Walter 145
Woodward, William J 449
Zwicker, Brigadier General Ralph W. :
Before McCarthy Committee on February 18, 1954 :
Excerpts 69
In toto 237
Before Select Committee on September 13, 1954 453
m
IV CONTENTS
Documents : Pago
Addendum A (Law Brief of Committee Connsel) Part 2 541
Addendum B (Law Brief of Senator McCarthy's Counsel) Part 2 554
Addendum to H-H-H subcommittee report 363
(Also on page 52a of Appendix III, this Index.)
Amendments to S. Res. 301 :
Bush 4
Flanders (1 to 33) 5
Fulbright (1 to 6) 2
Morse (a to g) 3
Smith , 3
Appendix
I — Testimony of Robert A. Collier before Mundt Committee on :
May 5, 1954 Part 2 575
May 6, 1954 Part 2 008
II — Testimony of Senator Joseph R. McCarthy before Mimdt
Committee on May 5, 1954 Part 2 611
III- — H-H-H subcommittee report on S. Res. 187 and S. Res. 3(>4
of S2d Congress Part 2 629
Army Regulations, Change No. 1 of (dated May 28, 1952—380-10)— 458
Classified Documents, Definitions and Categories 412
Espionage Act, section 798 of 395
Internal Security Act, Progress Report by Subcommittee of Senate
on Administration of,
(1951) 419
(July 30, 1953) 419
Legislative Reorganization Act 1946, Section 102-G 2()7
Memorandum, by Attorney General Tom Clark to all Government
Departments, Agencies, and Commissions — April 23, 1948 512
Memorandum from Attorney General Herbert Brownell to the Presi-
dent of the United States 123
Mundt Committee Report (page 76) on the 214-page document 317
Nixon, Congressman Richard M. — Speech in the House of Representa-
tives on April 22, 1948 422
Notice of Hearings on S. Res. 301 8
Oath of Office for Federal Employees 263
Order of the Senate on S. Res. 301 1
Payroll record of Subcommittee on Privileges and Elections of the
Senate for January 1953 524
Precedents for the appointment of committee members by Chairman
(August 24, 1912, Congressional Record, p.- 11812) 537
Presidential Directive of March 13, 1948 457
Rules of Procedure :
Select Committee 10, 13
Conunittee on Government Operations 351
Rules of the Senate, No. 25 (page 42 Senate Manual) 372
Specifications :
No. 1 — Incidents of Contempt of the Senate or a Senatorial Committee
(Fulbright 3, Morse a, Flanders 17) 16
No. II — I)icidents of encouragement of V. S. employees to violate the
law and their oaths of oflBce or Executive orders (Fulbright 5,
Morse e, Flanders 14) S3
No. Ill — Incidents involving receipt or use of confidential or classified
documents or other confidential information from executive files
(Morse d, Flanders 13) 94
No. IV — Incidents involving abuse of colleagues in the Senate
(Flanders 30. Morse b) 61
No. V — Incidents relating to Ralph Zwicker. a general officer of the
Army ot the United States (Fulbright 4, Morse c, Flanders 10) 69
S. Res. 301 of Kid c:<mgress 1
S. Res. 1S7 of 82d Congres.s 20,279
S. Res. 300 of S2d Congress 31
United States Code:
Title 5. Section »i52 411
Title IS. Swtion 4 265
Vote Record im S. Res. .300 of S2d Congress 32
Zwicker, Brig. Gen. Riilph W., Military record of 80
CONTENTS V
Exhibits : „
H-H-H Subcommittee Report: ^»^e
No. 3 ;3
No. 4 j^
No. 5 ^^
No. 7 26
No. 8 ^6
No. 9 27
No. 10 2<
No. 11 ^^
No. 12 29
- No. 12a f^
No. 13 ^1
No. 14 ^1
No. 17 32
No. 18 32
No. 19 35
No. 20 43
No. 21 44
No. 3(1 291
No. 37 294
No. 38 44
No. 40 45
No. 41 45
No. 42 300
No. 44 49
No. 45 51
Select Committee :
No. 1 47
No. 2 80
No. 3 123
Senator McCarthy :
No. 1 279
No. 2 280
No. 3 294
No. 4 304
No. 5 (2i/(.-page document) — not reproduced 314,326
JLietters :
Brownell, Attornev General Herbert, to Senator Mundt :
jMav 6. 1954 114
May 13, 1954 116
Cotter, Paul J., to Senator McCarthy: November 7, 1952 44
Eisenhower, President Dwight D., to Secretary of Defense Wilson :
May 17, 1954 122
Gillette, Senator Guy M., to Senator McCarthy :
September 17, 1951 279
September 25, 1951 281, 23
October 1, 1951 23
December 6. 19.51 ^ 26
December 11, 19.51 27
Deceml)er 21. 19.51 28
January 10, 1952 30
May 7, 1952 32
May 10, 1952 290, 43
To Senator Havden : September 10, 1952 294
Hayden, Senator Carl, to Darrell St. Clair : November 20, 1952 362
Hennings, Senator Thomas C, Jr.. to Senator :McCarthy : November
21, 1952 45
Kiermas. Ray, to Paul J. Cotter: Xovemlier 10, 1052 45
Mnndt, Senator Karl E., to Attorney General Herbert Brownell:
May 5, 1954 114
McCarthy, Senator Joseph R., to Senator Gillette:
September 17, 1951 279,280
October 4, 1951 23
December 6, 1951 24
December 7, 1951 26
VI CONTENTS
Letters — Continued
McCarthy, Senator Joseph R., to Senator Gillette — Continued Pas»
December 19, 1951 27
January 4, 1952 29
May 8, 1952 32,35
May 11, 1952 44
To Senator Hayden, March 21, 1952 30
To Senator Hennings :
November 28, 1952 49, 304
December 1, 1952 51
McDaniel, Adjutant General R. D., to Commanding General, First
Army : February 8, 1954 454
Stevens, Secretary of the Army Robert S., to Senator McCarthy : Febru-
ary 16, 1954 462
Wilson, Secretary of Defense C. E., to Senator Watkins : September
10, 1954 434
Telegrams :
Hayden, Senator Carl, to Senator Monroney : November 19, 1952 361
Hennings, Senator Thomas C, Jr., to Senator McCarthy :
"not sent" November 14, 1952 300
November 21, 1952 47
McCarthy, Senator Joseph R., to Senator Jackson : February 21, 1954_ 391
Monroney, Senator A. S. Mike, to Senator Hayden : November 21, 1952_ 361
Rulings of the Chair :
On motion by Senator McCarthy to dismiss Specification No. I 20
On motion by Senator McCarthy to insert article from Denver Post 36
On offer by Senator McCarthy of views of Justice Black 261
On admissibility of acts or statements of individual Senators 268
On motion of Senator McCarthy that the Committee take judicial
notice that the charges under S. Res. 187 of 82d Congress were
preferred in open session 282
On offer in evidence of the 214 page document by Senator McCarthy 325
On request that the Committee obtain certain testimony from the
Senate Parliamentarian 366
On motion by Committee Counsel that Senator McCarthy be required
to divulge the name of the informant on the 2Y2 page document 396
On offer hj Senator McCarthy of testimony tending to prove the
falsity of the charges under S. Res. 187 of 82d Congress 296
Other Material :
Case, Senator Francis, offer that Senator McCarthy's utterance about
Senator Heudrickson be considered in light, of present facts 425
Lawton, Major General Kirke B.- — ^"I must respectfully decline to
an.swer" 167
McCarthy, Senator Joseph R. :
a. Statement in Mundt hearings about Senator Flanders 63
b. To Reporter B. L. Livinavstone about Senator Flanders 64
c. To Reporter Joseph W. Hall, Jr., about Senator Heudrickson 68
d. To General Zwicker concerning fitness to wear the uniform 332
e. Invitation to 2,000,000 Federal employees 262
f. Relative to his authority to receive information about wrong-
doing 262
g. Scope of invitation to the Civil Service Employees 265
h. Had no desire to appear before H-H-H Subcommittee unless
ordered 288
i. Someone on H-H-H Subcommittee was dishonest 299
j. November 21st telegram was first request to appear 299
k. Discussion with Senator Gillette about subpoena 305
1. Conversation with Senator Heudrickson by phone 306
m. Admission of having made the alleged remark about Senator
Heudrickson 306
Winchell, Walter, reference to 2y2-page document 150
Zwicker, Brigadier General Ralph W., overheard by William J. Hard-
ing, Jr., to have referred to Senator McCarthy 179
HEAEINGS ON SENATE KESOLUTION 301
TUESDAY, AUGUST 31, 1954
United States Senate,
Select Committee To Study Censure Charges Pursuant
TO Senate Order on Senate Resolution 301,
Washington, D. G.
The select committee met, pursuant to notice, at 10 : 20 a. m., in the
caucus room, Senate Office Building, Senator Arthur V. Watkins
(chairman) presidino;.
Present: Senators Watkins (chairman), Johnson of Colorado (vice
chairman), Stennis, Carlson, Case, and Ervin.
Also present: Senator McCarthy; E. Wallace Chadwick, counsel
to the committee ; Guy G. deFuria, assistant counsel to the committee ;
John M. Jex, clerk of the committee ; John W. Wellman, staff member ;
Frank Ginsburg and Ray R. McGuire, members of Senator Watkins'
staff on loan to the committee ; and Edward Bennett Williams, counsel
to Senator McCarthy, with his associates, Agnes A, Neill and Brent
Bozell.
The Chairman. There will now be f)laced in the record Senate
Resolution 301 of the 83d Congress, together with the amendments
proposed thereto and the order of the Senate dated August 2, 1954,
which set up this committee and referred that resolution and those
amendments to us.
(The matter referred to is as follows :)
[S. Res. 301, 83d Cong., 2d sess.]
ORDER
Ordered, That S. Res. 301, to censure the Senator from Wisconsin, INIr. Mc-
Carthy, submitted by Senator Flanders on July 30, and amendments proposed
thereto, be referred to a select committee as provided in the motion set forth
below and agreed to by the Senate on Monday, August 2 (legislative day, Friday,
July 2, 19.54) :
"Mr. President, I move to refer the pending resolution (S. Res. 301) together
with all amendments proposed thereto, .to a select committee to be composed of
8 Republicans and 3 Democrats who shall be named by the Vice President : And
ordered further. That the committee, which shall be authorized to hold hearings,
to sit and act at such times and places during the sessions, recesses, and adjourned
periods of the Senate, to require by subpeua or otherwise the attendance of such
witnesses and the production of such correspondence, books, papers, and docu-
ments, and to take such testimony as it deems advisable, and that the committee
be instructed to act and make a report to this Body priod to the adjournment
sine die of the Senate in the second session of the 83d Congress.
[S. Res. 301, 83d Cong., 2d sess.]
RESOLUTION
Resolved, That the conduct of the Senator from Wisconsin, Mr. McCarthy,
is unbecoming a Member of the United States Senate, is contrary to senatorial
traditions, and tends to bring the Senate into disrepute, and such conduct is
hereby condemned.
1
2 HEARINGS ON SENATE RESOLUTION 301
[S. Res. 301, 83(1 Coug., 2d sess.]
PROPOSED AMENDMENT Proposed by Mr. Fulbright to the resolution (S. Res.
301) to censure the Senator from Wisconsin, Mr. McCarthy, viz:
On page 1, line 5, after the word "condemned", strike the period and insert the
following : "for the following reason :
"(1) The junior Senator from Wisconsin, while a member of the committee
having jurisdiction over the affairs of the Lustron Company, a corporation
financed by Government money, received $10,000 without rendering services of
comparable value ;".
[S. Res. 301, 83d Cong., 2d sess.]
AMENDIMENT Intended to be proposed by Mr. Fulbright to the resolution
(S. Res. 301) to censure the Senator from Wisconsin, Mr. McCarthy, viz:
On page 1. line 5, after the word "condemned", strilie the period and insert
the following : "for the following reason :
"(2) In public hearings, before the Senate Permanent Investigations Sub-
committee, of which he was chairman, the junior Senator from Wisconsin strongly
implied that Annie Lee Moss was known to be a member of the Communist
Party and that if she testified she would perjure herself, before he had given
her an opportunity to testify in her own behalf;".
[S. Res. 301, 83d Cong., 2d sess.]
AMENDMENT Intended to be proposed by Mr. Fulbright to the resolution
(S. Res. 301) to censure the Senator from Wisconsin, Mr. McCarthy, viz :
On page 1, line 5, after the word "condenmed", strike the period and insert
the following "for the following reason :
"(3) Although repeatedly invited to testify by a committee of this Senate
headed by the Senator from Iowa, the junior Senator from Wisconsin denounced
the committee and contemptuously refused to comply with its request ;".
[S. Res. 301, 83d Cong., 2d sess.]
AMENDMENT Intended to be proposed by Mr. Fulbright to the resolution
(S. Res. 301) to censure the Senator from Wisconsin, Mr. McCarthy, viz :
On page 1, line 5, after the word "condemned", strike the period and insert
the following : "for the following reason :
"(4) Without justification, the junior Senator from Wisconsin impugned the
loyalty, patriotism, and character of General Ralph Zwicker ;".
[S. Res. 301, 83d Cong., 2d sess.]
AMENDMENT Intended to be proposed by Mr. Fulbright to the resolution
(S. Res. 301) to censure the Senator from Wisconsin, Mr. McCarthy, viz :
On page 1, line 5, after the word "condemned", strike out the period and insert
the following : "for the following reason :
"(5) The junior Senator from Wisconsin openly, in a public manner before
nationwide television, invited and urged employees of the Government of the
United States to violate the law and their oaths of office ;".
[S. Res. 301, 83d Cong., 2d sess.]
AMENDMENT Intended to be proposed by Mr. Fulbright to the resolution
(S. Res. 301) to censure the Senator from Wisconsin, Mr. McCarthy, viz:
On page 1, line 5, after the word "condemned", strike out the period and insert
the following : "for the following reason :
"(6) The Junior Senator from Wisconsin in a speech on June 14, 1951, without
proof or other justification made an unwarranted attack upon General George
C. MarshaU."
HEARINGS ON SENATE RESOLUTION 301 6
[S. Res. 301, 83d Cong., 2d sess.]
AMENDMENT (in the nature of a substitute) Intended to be proposed by Mr.
Smith of New Jersey to the resolution (S. Res. 301) to censure the Senator
from Wisconsin, Mr. McCarthy, viz :
Strike out all after "Resolved," and insert in lieu thereof the following:
"That the Senate views with real concern the growing divisiveness and disunity
in the Senate and throughout the country over the problems created by the fact
that there had been infiltration of Communists and other security risks into
sensitive positions, and the methods and procedures employed in exposing and
eliminating such security risks ; and be it further
^'Resolved, That it is the immediate responsibility of the Senate to deal with
this critical situation in an objective, judicial, and statesmanlike manner ; and
be it further
"Resolved, that- the Vice President of the United States Immediately appoint
a special bipartisan committee of the Senate to investigate and report with recom-
mendations to the Senate on this controversial matter. The committee shall be
composed of six Senators, three of whom shall be nominated \)j the Republican
Policy Committee, and three by the Democratic Policy Committee. Tlie Vice
President shall be ex officio chairman of the group. The committee shall report
with recommendations to the Senate not later than February 1, 1955."
[S. Res. 301, 83d Cong., 2d sess.]
AMENDMENT Intended to be proposed by Mr. Morse to the resolution ( S. Res.
301) to censure the Senator from Wisconsin, Mr. McCarthy, viz:
On page 1, lines 4 and 5, strike out the words "and such conduct is hereby
condemned.", and insert in lieu thereof the following: "because the said Mr.
McCarthy —
"(a) declined to comply with a request made by letter on November 21,
1952, by the chairman of the Subcommittee on Privileges and Elections of
the Senate Committee on Rules and Administration, that he appear before
the subcommittee to supply information concerning certain specific matters
involving his activities as a Member of the Senate ;
"(b) unfairly accused his fellow Senators Gillette, Monroney, Hendrick-
son, Hayden, and Hennings of improper conduct in carrying out their duties
as Senators;
"(c) as chairman of a committee resorted to abusive conduct in his
interrogation of General Ralph Zwicker, including a charge that General
Zwicker was unfit to wear the uniform, during the appearance of General
Zwicker as a witness before the Permanent Subcommittee on Investigations
of the Senate Committee on Government Operations on February 18, 1954;
"(d) received and made use of confidential information unlawfully
obtained from a document in executive files upon which document the
Federal Bureau of Investigation had placed its highest classification ; and
offered such information to a lawfully constituted Senate subcommittee in
the form' of a spurious document which he falsely asserted to the subcom-
mittee to be 'a letter from the FBI.' ;
"(e) openly invited and incited employees of the Government to violate
the law and their oaths of office by urging them to make available infor-
mation, including classified information, which in the opinion of the em-
ployee would be of assistance to the junior Senator from Wisconsin in
conducting his investigations, even though the supplying of such informa-
tion by the employee would be illegal and in violation of Presidential order
and contrary to the constitutional rights of the Chief Executive under the
separation-of -powers doctrine ;
"(f) attempted to invade the constitutional power of the President of
the United States to conduct the foreign relations of the United States by
carrying on negotiations with certain Greek shipowners in respect to foreign
trade policies, even though the executive branch of our Government had a
few weeks previously entered into an luiderstanding with the Greek Gov-
ernment in respect to banning the flow of strategic materials to Communist
countries ; and
"(g) permitted and ratified over a period of several months in 1953 and
1954 the abuse of Senatorial privilege by Mr. Roy Cohn, chief counsel to
HEARINGS ON SENATE RESOLUTION 301
the Permanent Investigations Subcommittee of the Senate Committee on
Government Operations of whicli committee and subcommittee the junior
Senator from Wisconsin is chairman, Mr. Colin's abuse having been directed
toward attempting to secure preferential treatment for Private David Schine
by the Department of the Army, at a time when the Army was under
investigation by the committee.
'Sec. 2. It is the sense of the Senate that such conduct is hereby condemned."
[S. Res. 301, 83d Cong., 2d sess.]
AMENDMENT Intended to be proposed by Mr. Bush to the resolution ( S. Res.
301) to censure the Senator from Wisconsin, Mr. McCarthy, viz:
Strike out all after "Resolvcfl," and insert in lieu thereof the following:
"That rule XV of the Standing Rules of the Senate is amended by inserting at the
end thereof the following :
" '3. All bills and resolutions to authorize the investigation of a particular
subject matter shall define such subject matter clearly, and shall state the need
for such investigation and the general objects thereof.'
"Sec. 2. Rule XXV of such Standing Rules is amended by deleting the title
'standing Committees' and inserting in lieu thereof 'Powers and Duties of
Committees'.
"Sec. 3. Paragraph (b) of subsection 3 of such rule XXV is amended to read
as follows :
"'(b) Unless the committee otherwise provides, one member shall constitute
a quorum for the receipt of evidence and the taking of testimony ; but no witness
shall be compelled to give oral testimony before less than two members if,
prior to testifying, he objects to the presence of only one member.'
"Sec. 4. Such rule XXV is amended by inserting at the end thereof the follow-
ing subsections :
".'5. The rules of the committees shall be the rules of the subcommittees so
far as applicable. Committees and subcommittees may adopt additional rules
not inconsistent with the rules of the Senate.
" '6. All hearings conducted by committee shall be open to the public, except
executive sessions for marking up bills or for voting or where the committee
by a majority vote orders an executive session.
" '7. Unless otherwise provided, committee action shall be by vote of a majority
of a quorum.
" '8. An investigating subcommittee of any committee may be authorized only
by a majority vote of the committee.
" '9. No committee hearing shall be held unless .specifically authorized by the
committee.
" '10. No committee hearing shall be held in any place outside of the District
of Columbia unless authorized by a majority vote of the committee.
" '11. No measure, finding, or recommendation shall be reported from any
committee unless a majority of the committee were actually present.
" '12. No testimony taken or material presented in an executive session shall
be made public, either in whole or in part or by way of summary, unless au-
thorized by a majority vote of the committee.
" '13. No person shall be employed for or assigned to investigate activities
until approved by the committee.
" '14. Unless otherwise provided, subpenas to require the attendance of wit-
nesses, the giving of testimony, and the production of books, papers, or other
evidence shall be issued only by authority of tlie committee, shall be signed by
the chairman or any member designated by the chairman, and may he served by
any person designated by the committee, the cliairman, or the signing member.
"'15. No witness shall be compelled to give oral testimony for broadcast, or
for direct reproduction by motion picture photography, recording, or otherwise
in news and entertainment media if he objects.
" '16. Oaths may be administered and hearings may be conducted and presided
over by the chairman or any member designated by the chairman.
" '17. AVitnesses shall be permitted to be advised by counsel of their legal
rights while giving testimony, and unless the presiding member otherwise directs,
to be accompanied by counsel at the stand.
" '18. AVitnesses, counsel, and other persons present at committee hearings
shall maintain proper order and decorum ; counsel shall observe the standards of
ethics and deportment generally required of attorneys at Jaw. The chairman
may punish breaches of this ijrovision by censure or by exclusion from the com-
HEARINGS ON SENATE RESOLUTION 301 5
mittee's hearings, and the committee may punish by citation to the Senate for
contempt.
" '19. Whenever the committee determines that evidence relating to a question
under inquiry may tend to defame, degrade, or incriminate persons called as
witnesses therein, the committee shall observe the following additional pro-
cedure, so far as may be practicable and necessary for the protection of such
persons : ^ , ^ u.
"'(a) The subject of each hearing shall be clearly stated at the outset
thereof, and evidence sought to be elicited shall be pertinent to the subject as so
'"'(b) Preliminary staff inquiries may be directed by the chairman, but no
major phase of the investigation shall be developed by calling witnesses until
approved by the committee.
"'(c) All testimony, whether compelled or volunteered, shall be given under
oath. , . ^. J. .-,
"'(d) Counsel for witnesses may be permitted, in the discretion or the
presiding member and as justice may require, to be heard briefly on points of
right and procedure, to examine their clients briefly for purposes of amplifica-
tion and clarification, and to address pertinent questions by written interro-
gatory to other witnesses whose testimony pertains to their clients.
"'(e) Testimony shall be heard in executive session, the witness willing,
when necessary to shield the witness or other persons about whom he may
testify.
"•(f) The secrecy of executive sessions and of all matters and material not
expressly released by the committee shall be rigorously enforced.
"'(g) Witnesses shall be permitted brief explanations of aflSirmative or
negative responses, and may submit concise, pertinent statements, orally or in
writing, for inclusion in the record at the opening or close of tiieir testimony.
" '(h) An accurate verbatim transcript shall be made of all testimony, and no
alterations of meaning shall be permitted therein.
"'(i) Each witness may obtain transcript copies of his testimony given
publicly by paying the cost thereof ; copies of his testimony given in executive
session shall be furnished the witness at cost if the testimony has been released
or publicly disclosed, or if the chairman so orders.
"'(j) No testimony given in executive session shall be publicly disclosed in
part only, except when the committee decides that deletions from the trans-
cript are required by considerations of national security.
" '20. Whenever the committee determines that any testimony, statement,
release, or other evidence or utterance relating to a question under inquiry may
tend to defame, degrade, or incriminate persuus who are not witnesses, the
committee shall observe the following additional procedures, so far as may be
practicable and necessary for the protection of such persons :
"'(a) Persons so affected shall be afforded an opportunity to appear as
witnesses, promptly and at the same place if possible, and under subpena if
they so elect. Testimony relating to the adverse evidence or utterance shall be
subject to applicable provisions of subsection 19 of this rule.
"'(b) Each such person may, in lieu of appearing as a witness, submit a
concise, jjertinent sworn statement which shall be incorporated in the record
of the hearing to which the adverse evidence or utterance relates.
" '21. The chairman or a member shall when practicable consult with appro-
priate Federal law-enforcement agencies with respect to any phase of an in-
vestigation which may result in evidence exposing the commission of Federal
crimes, and the results of such consultation shall be reported to the committee
before witnesses are called to testify tlierein.
" '22. Requests to subpena additional witnesses shall be received and con-
sidered by the chairman in any investigation in which witnesses have been
subpenaed. Auy such request received from a witness or other i)erson entitled
to the protections afforded by subsection 19 or 20 of this rule shall be con-
sidered and disposed of by the committee.
" '23. Each committee conducting investigations shall make available to
interested persons copies of the rules applicable therein.' "
[S. Res. 301, 83(1 Cong., 2d sess.]
AINIENDMENT Intended to be proposed by Mr. Flandeks to the resolution (S.
Res. 301 ) to censure the Senator from Wisconsin, Mr. McCarthy, viz :
On page 1, line 5, after the word "condemned", strike the period and insert
the following : "for the following reasons :
6 HEARINGS ON SENATE RESOLUTION 301
"(1) He has retained and/or accredited staff personnel whose reputations are
in question and whose backgrounds would tend to indicate untrustworthiness
(Surine, Lavinia, J. B. INlatthews).
"(2) He has permitted his staff to conduct itself in a presumptuous manner.
His counsel and his consultant (Messrs. Cohn and Schine) have been insolent to
other Senators, discourteous to the public, and discreditable to the Senate. His
counsel and consultant traveled abroad making a spectacle of themselves and
brought discredit upon the Senate of the United States, whose employees they
were.
"(3) He has conducted his committee in such a slovenly and unprofessional
way that cases of mistaken identities have resulted in grievous hardship or have
made his committee, and thereby the Senate, appear ridiculous. (Annie Lee
Moss, Lawrence W. Parrish, subpenaed and brought to Washington instead of
Lareence T. Parish.)
"(4) He has proclaimed publicly his intention to subpena citizens of good
reputation, and then never called them. (General Telford Taylor. William P.
Bundy, former President Truman, reporters Marder, Joseph Alsop, Friendly,
Bigrant, Phillip Potter. )
"(5) He has repeatedly used verbal subpenas of questionable legality. (Tried
to prevent State Department granting visa to William P. Bundy on ground that
he was under 'oral subpena.')
"(6) He has attempted to intimidate the press and sin?;le out individual
journalists who have been critical of him or whose reports he has regarded with
disfavor, and either threatened them with subpena or forced them to testify
in such a manner as to raise the possibility of a breach of the first amendment
of the Constitution. (Murrey Marder of the Washington Post, the Alsops, James
Wechsler.)
"(7) He has attempted 'economic coercion' against the press and radio, par-
ticularly the case of Time magazine, the Milwaukee Journal, and the Madison
Capital Times. (On June 16, 1952, McCarthy sent letters to advertisers in Time
magazine, urging them to withdraw their advertisements.)
"(8) He has permitted the staff to investigate at least one of his fellow
Senators (Jackson) and possibly numerous Senators. Such material has been
reserved with the obvious intention of coercing the other Senator or Senators to
submit to his will, or for the purpose of inhibiting them from expressing them-
selves critically. (Cohn said he would 'get' Senator Jackson). — Washington
News, June 14, 1954.
"(9) He has posed as savior of his country from communism, yet the Depart-
ment of Justice reported that McCarthy never turned over for prosecution a
single case against any of his alleged 'Communists.' (The Justice Department
report of December 18, 1951.) Since that date not a single person has been tried
for Communists activities as a result of information supplied by McCarthy.
"(10) He has attacked, defamed, and besmirched military heroes of the United
States, either as witnesses before his committee or under the cloak of immunity
of the Senate floor. (General Zwicker, General Marshall.)
"(11) He has used distortion and innuendo to attack the reputations of the
following citizens: Former President Truman, General George Marshall, At-
torney General Brownell, John J. McCloy, Ambassador Charles E. Bohlen, Sena-
tor Raymond Baldwin, Former Assistant Secretary of Defense Anna Rosenberg,
Philip Jessup, Marquis Childs, Richard L. Strout of the Christian Science Moni-
tor, General Telford Taylor, and the three national press associations.
"(12) He has disclosed restricted security information in possible violation
of the espionage laws. McCarthy has made public portions of an Army Intelli-
gence stTidy. Soviet Siberia, which compelled the Army to declassify and release
the entire document.)
" (1.3) He received and held a vahiable classified document in possible violation
of the Espionage Act. (Revealed in the Army-McCarthy hearings tbat he had
improperly obtained J. Edgar Hoover's report on subversives from the Army, and
failed to restore the docimient to properly authorized hands.) He permitted
that document to fall into the hands of a gossip columnist (Walter Winchell).
"(14) He has publicly incited Government employees to violate their security
oaths and serve as his personal informants, thus tending to break down the
orderly chain of command in the civil service, as well as violate the security
provisions of the Government.
"(15) He has u-^pd his oliicial position to fix the Comnmnist label upon all
individuals and newspapers as might legitimately disagree with him or refuse
to acknowledge him as the unique leader in the tight against subversion.
HEARINGS ON SENATE RESOLUTION 301 7
f Deliberate slips such as callinj? Adlai Stevenson 'Alger'; sayinfj that the
American Civil Liberties Union hart been 'listed' as doing the work of the
Communist Party ; calling the Milwaukee Journal and Washington Post local
'editions of tlie Daily Worker.')
"(16) He has attempted to usurp the functions of the executive depart-
ment by having his staff negotiate agreements with a group of Greek ship-
owners in London; and has infringed upon functions of the State Department,
claiming that he was acting in the 'national interest.'
"(17) He has continued to show his contempt for the Senate by failing to
explain in any manner the six charges contained in the Hennings-Hayden-
Hendrickson report, which was filed in January 1953. This involves his bank
transactions, possible in':ome-tax evasions, and the Lustron deal. The taint
pei-sists until he satisfactorily explains these matters, which he refused to do,
although invited six times to appear, during the Eighty-second Congress.
"(IS) He has made false claims about alleged wounds which in fact he did
not suffer. (Claims he was a tailgunner when, in fact, he was a Marine Air
Force Ground Intelligence oflicer * * * claims he entered as buck private^
when he entered as a commissioned oflicer.)
"(19) His rude and ruthless disregard of the rights of other Senators has
gone to the point where the entire minority membership of the Permanent
Investiuating Subcommittee resigned from the committee in protest against
his high-handedness. (July 10, 1953.)
"(20) He has intruded upon the prerogative of the executive branch, violating
the constitutional principles of separation of powers. (Within a single week
(February 14-20. 1953), McCarthy's activities against Voice of America forced
the State Department three times to reverse administrative decisions on matters
normally considered internal operating procedures: (1) The Department had
authorized the use of certain writings by pro-Communist authors as part of
their program to expose Communist lies and false promises. McC'arthy com-
pelled the State Department to discontinue this practice; (2) the Department
authorized its employees to refuse to talk with McCarthy's staff in the absence
of McCarthy himself. It was compelled to cancel this directive; and (3)
John Matson, a departnaental security agent who had 'cooperated' with
McCarthy, was transferred so as to be put out of reach of the Department's
confidential liles. McCarthy compelled the Department to return Matson to
his original position.)
"(21) He has infringed upon the jurisdiction of other Senate committees,
invading the area of the Internal Security Subcommittee and other committees
of the Congress.
"(22) He has failed to perform the solid and useful duties of the Government
Operations Committee, abandoning the legitimate and vital functions of this
committee.
"(23) He has held executive sessions in an apparent attempt to prevent the
press from getting an accurate account of the testimony of witnesses, and then
released his own versions of that testimony, often at variance with the subse-
quently revealed transcripts, and under circumstances in which the witness had
little opportunity to correct or object to his version.
"(24) He has questioned adverse witnesses in public session in such a manner
as to defame loyal and valuable public servants, whose own testimony he failed
to get beforehand, and whom he never -provided a comparable opportunity for
answering the charges.
"(25) He has barred the press and general public from executive sessions and
then permitted unauthorized persons whom his whim favored to attend, in
one case, a class of schoolgirls, thus holding the very principle of executive
sessions up to ridicule.
"(26) His conduct has caused and permitted his subcommittee to be incom-
plete or incapacitated in its normal work for approximately 40 per centum of
the time that he has been its chairman. (During his nineteen months as chair-
man of the subcommittee, his refusal to recognize their rights — later acknowl-
edged by him— caused the minority members to leave the subcommittee on
July 10, 1953, and they did not return until January 25, 1954. His personally
motivated quarrel with the United States Anny necessitated the interruption of
the subcommittee's work and its exclusive preoccupation with the Army-Mc-
Carthy hearings from April 22, 1954, to June 17, 1954. )
"(27) He has publicly threatened publications with the withdrawal of their
second-class mailing privilege because he disagreed with their editorial policy.
(Washington Post, Wall Street Journal, Time magazine.) Letter to Postmaster
8 HEARINGS ON SENATE RESOLUTION 301
General Summerfield made public August 22, 1953. See Washington Post, Au-
gust 23, 1953.
"(28) He has exploited his committee chairmanship to disseminate fantastic
and unverified claims for the obvious purpose of publicity. (McCarthy's hint
that he was in secret communication with Lavrenti P. Beria and would produce
him as a witness at a time when Beria was on the verge of execution in Moscow.)
Washington News, September 21, 1953 (announcement of plan to subpena Beria).
"(29) He has denied Members of Congress access to the tiles of the committee,
to which eveiy Member of Congress is entitled under the Reorganization Act
(title II, sec. 202, par. (d) ).
"(30) He has ridiculed his colleagues in the Senate, defaming them publicly
in vulgar and base language (regarding Senator Hendrickson — 'A living miracle
without brains or guts ;'. On Flanders — 'Senile — I think they should get a man
with a net and take him to a good quiet place.').
"(31) He has announced investigations prematurely, subsequently dropping
these investigations so that the question whether there was ever any serious
intent to pursue them may be justifiably raised, along with the inevitable con-
clusion that publicity was the only purpose. (Central Intelligence Agency,
Beria, and so forth. )
"(32) Checking through hearings, one will note that favorable material sub-
mitted by witnesses will usually have the notation 'May be found in the flies of
the subcommittee', whereas unfavorable material is printed in the record.
"(33) He has permitted changing of committee reports and records in such a
way as to substantially change or delete vital meanings. ( Senator Margaret
Chase Smith felt compelled to object to the filing of his 1953 subcommittee reports
without their first being sent through the full committee.)"
The Chairman. At this point we will read into the record the notice
of this hearing :
"August 24, 1954.
"Notice or Hearings
"Notice is hereby oriven to Hon. Joseph R. McCarthy, and all inter-
ested persons, that the select committee of the Senate of the United
States, appointed pursuant to an order of the Senate agi'eed to on
August 2, 1954 (legislative day, July 2, 1954), entered on Senate
Resolution 301, a copy of which together with the resolution and
amendments thereto is hereto attached, will meet in executive session
on Monday, August 30, 1954, at 2 p. m., eastern daylight-saving time,
and that the said committee will sit for the purposes of its appointment
on Tuesday, August 31, 1954, at 10 a. m., eastern daylight-saving time,
in the Senate caucus room, in the Senate Office Building, at Wash-
ington, D. C, and commence at said time and place its hearings to
receive evidence, take testimony, and act as provided in said order,
relating to the following matters, among others, committed to its
jurisdiction :
"I. Incidents of contempt of the Senate or a senatorial committee,
referred to in the following :
"A. Amendment proposed by Mr. Fulbright to the resolution (S.
Res. 301) to censure the Senator from Wisconsin, Mr. McCarthy,
viz:
"(3) Although repeatedly invited to testify by a committee of this Senate
headed by the Senator from Iowa, the junior Senator from Wisconsin denounced
the committee and contemptuously refused to comply with its request.
"B. Amendment proposed by Mr. Morse to the resolution (S. Res.
301) to censure the Senator from Wisconsin, Mr. McCarthy, viz:
"(a) Declined to comply with a request made by letter on November 21, 1952,
by the chairman of the Subcommittee on Privileges and Elections of the Senate
Committee on Rules and Administration, that he appear before the subcommittee
to supply information concerning certain specific matters involving his activities
as a Member of the Senate.
HEARINGS ON SENATE RESOLUTION 301 9
"C. Amendment proposed by Mr. Flanders to the resolution (S.
Res. 301) to censure the Senator from Wisconsin, Mr. McCarthy,
viz:
"(17) He has continued to show his contempt for the Senate by failing to
explain in any manner the six charges contained in the Hennings-Hayden-Hen-
drickson report, whicli was filed in January 1953. This involves his bank trans-
actions, possible income-tax evasions, and the Lustron deal. The taint persists
until he satisfactorily explains these matters, which he refused to do, although
invited six times to appear during the 82d Congress.
"Copies of said amendments, and all other amendments hereinafter
referred to, are attached to this notice.
"II. Incidents of encouragement of United States employees to vio-
late the law and their oaths of office or Executive orders, referred to in
the following:
"A. Amendment proposed by Mr. Fulbright to the resolution (S.
Res. 301) to censure the Senator from Wisconsin, Mr. McCarthy,
viz:
"(5) The junior Senator from Wisconsin openly, in a public manner before
nationwide television, invited and urged employees of the Government of the
United States to violate the law and their oaths of office.
"B. Amendment proposed by Mr, Morse to the resolution (S. Res.
301 ) to censure the Senator from Wisconsin, Mr. McCarthy, viz :
"(e) Openly invited and incited employees of the Government to violate the
law and their oaths of office by urging them to make available information,
including classified information, which in the opinion of the employees could
be of assistance to the junior Senator from Wisconsin in conducting his investi-
gations, even though the supplying of such information by the employees would
be illegal and in violation of Presidential order and contrary to the constitutional
rights of the Chief Executive under the separation-of-powers doctrine.
"C. Amendment proposed by Mr. Flanders to the resolution (S. Res.
301 ) to censure the Senator from AVisconsin, Mr. McCarthy, viz :
"(14) He has publicly incited Government employees to violate their security
oaths and serve as his personal informants, thus tending to break down the
orderly chain of command in the civil service, as well as violating the security
provisions of the Government.
"III. Incidents involving receipt or use of confidential or classified
document or other confidential information, from executive files, re-
ferred to in the following :
"A. Amendment proposed by Mr. Morse to the resolution (S. Res.
301 ) to censure the Senator from Wisconsin, Mr. McCarthy, viz :
"(d) Received and made use of confidential information unlawfully obtained
from a document in executive files upon which document the Federal Bureau
of Investigation had placed its highest classification ; and offered siich informa-
tion to a lawfully constituted Senate subcommittee in the form of a spurious
document which he falsely asserted to the subcommittee to be 'a letter from the
FBI.'
"B. Amendment proposed by Mr. Flanders to the resolution (S. Res.
301 ) to censure the Senator from Wisconsin, Mr. McCarthy, viz :
"(13) He received and held a valuable classified document in possible viola-
tion of the Espionage Act. (Revealed in the Army-McCarthy hearings that he
Lad improperly obtained J. Edgar Hoover's report on subversives from the Army
and failed to restore the document to properly authorized hands.) He per-
mitted the document to fall into the hands of a gossip columnist (Walter
Winchell).
10 HEARINGS ON SENATE RESOLUTION 301
"IV. Incidents involving abuses of colleagues in tlie Senate, referred
to in the following :
"A. Amendment proposed by Mr. Flanders to the resolution (S. Res.
301) to censure the Senator from Wisconsin, Mr. McCarthy, viz:
"(30) He has ridiculed his colleagues in the Senate, defaming them publicly
in vulgar and base language (regarding Senator Hendrickson — 'a living miracle
without brains or guts' ; on Flanders — 'Senile — I think they should get a man
with a net and take him to a good quiet place.').
"B. Amendment proposed by Mr. Morse to the resolution (S. Res.
301) to censure the Senator from AVisconsin, Mr. McCarthy, viz :
"(b) Unfairly accused his fellow Senators Gillette, Monroney, Hendrickson,
Hayden. and Hennings of improper conduct in carrying out tlieir duties as
Senators.
"V. Incident relating to Ralph Zwicker, a general officer of the
Army of the United States, referred to in the following:
"A. Amendment proposed by Mr. Fulbright to the resolution (S,
Res. 301) to censure the Senator from Wisconsin, Mr. McCarthy, viz:
"(4) Without justification, the junior Senator from Wisconsin impugned the
loyalty, patriotism, and character of Gen. Ralph Zwicker.
"B. Amendment proposed by Mr. Morse to the resolution (S. Res.
301) to censure the Senator from Wisconsin, Mr. McCarthy, viz:
"(c) As chairman of a committee resorted to abusive conduct in his interro-
gation of Gen. Ralph Zwicker, including a charge that General Zwicker was
unfit to wear the uniform, during the appearance of General Zwicker as a
witness before the Permanent Subcommittee on Investigations of the Senate
Committee on Government Operations on February 18, 1954.
"C. Amendment proposed by Mr. Flanders to the resolution (S. Res.
301) to censure the Senator from Wisconsin, Mr. McCarthy, viz:
" (10) He has attacked, defamed, and besmirched military heroes of the United
States, either as witnesses before his committee or under the cloak of immunity
of the Senate floor (General Zwicker, General Marshall)."
"The select committee reserves the right to take thereafter such other
testimony as it may deem advisable relating "to any other matters re-
ferred to in said order of the Senate, resolution, and pi'oposed amend-
ments, or as may be developed at the hearings, and will make report
to the Senate.
"All testimony and evidence received in the hearings shall be such as
is found by the select committee to be competent, relevant, and material
to the subject matters so under inquiry, with the right of examination
and cross-examination, in general conformity to judicial proceedings
and in accordance with said order of the Senate.
"The select committee will admit, subject to said order, as competent
testimony for the record, so far as material and relevant, the official
proceedings and pertinent actions of the Senate and of any of its com-
mittees or subcommittees, taking judicial notice thereof, and using
official reprints when convenient. Following Senate tradition, \vit-
nesses may be examined by anj'^ member of the connnittee, and they
may be examined or cross-examined for the connnittee by its counsel.
AVitnesscs ma}' be examined or cross-examined either by Senator Mc-
Carthy or his counsel, but not by both, as to tlie same witness.
"The said Hon. Joseph R. McCarthy is hereby formally requested
by the said select committee of the Senate of the United States to
appear at said hearing and hearings and adjournments and continu-
HEARINGS ON SENATE RESOLUTION 301 11
ances thereof, with legal counsel, if desired by him, to be examined,
with the right to present evidence and testimony in accordance here-
with and in accordance with the said order of the Senate.
"Select Committee To Study Censure Charges
"Pursuant to Senate Order on Senate Resolution 301,
"Arthur V. Watkins, GhmrmanP
At this point I note the presence of all members of the committee
who are, of course, well known to the people who are assembled here,
and the presence of the chief counsel and the assistant chief counsel
to the committee.
I introduce JNIr. E. Wallace Chadwick, chief counsel, former Member
of the House of Representatives, and a leading and distinguished mem-
ber of the bar of the State of Pennsylvania and of the Supreme Court
of the United States.
Mr. Chadwick.
Mr. Chadwick. Thank you.
The Chairman. And assistant counsel, Guy G. de Furia, also of
Pemisylvania. Swai'thmore, Pa., a distinguished member of the bar
wlio has served as district attorney in his community and has been vei'y
active in the practice of law.
We have other members of the staff whom it will not be necessary at
this time to introduce.
Now, at the outset of this hearing, the committee desires to state in
general terms what is involved in Senate Resolution 301 and the Senate
order on it, which authorized the appointment of the select committee
to consider in behalf of the Senate the so-called Flanders resolution
of censure, together with all amendments proposed to the resolution.
The committee, in the words of the Senate order, was —
authorized to hold hearings, to sit and act at such times and places during the
sessions, recesses, and adjoiirned periods of the Senate, to require by subpena,
or otherwise, the attendance of such witnesses and the production of such cor-
respondence, books, papers, and documents, and to take such testimony as it
deems advisable, and that the committee be instructed to act and make a report
to this body prior to the adjournment sine die of the Senate in the 2d session of
the S3d Congress.
That is a broad grant of power, carrying with it a heavy respon-
sibility— a responsibility which the committee takes seriously. In
beginning its duties, the committee found a few precedents to serve
as a guide. It is true that there had been other censure resolutions
before the Senate in the past, but the acts complained of were, for
the most part, single occurrences which happened in the presence of
the Senate or one of its committees. Uiider such circumstances,
prolonged investigations and hearings were not necessary.
It should be pointed out that the some forty-odd alleged instances
of misconduct on the part of Senator McCarthy referred to this
committee are involved and complex, both with respect to matters
of fact and law. AVith reference to the time element, the incidents
are alleged to have happened within a period covering several years.
In addition, 3 Senate committees already have held hearings on 1 or
more phases of the alleged incidents of misconduct. Obviously, with
all this in mind, the committee had good reason for concluding it
faced an unprecedented situation which would require adoption of
procedures, all within the authority granted it in the Senate order,
12 HEARINGS ON SENATE RESOLUTION 301
that would enable it to perform the duties assigned within the limited
time given by the Senate.
The committee interprets its duties, functions, and responsibilities
under the Senate order to be as follows :
1. To analyze the charges set forth in the amendments and to
determine :
(a) If there were duplications which could be eliminated.
(h) If any of the charges were of such a nature that even if the
allegations were established as factually true, yet there would be
strong reasons for believing that they did not constitute a ground
for censure.
2. To thoroughly investigate all charges not eliminated under No. 1
in order to secure relevant and material facts concerning them and
the names of witnesses or records which can establish the facts at the
hearings to be held.
In this connection the committee believes it should function as an
impartial investigating agency to develop by direct contacts in the
field and by direct examination of Senate records all relevant and
material facts possible to secure.
When Senate Resolution 301 and amendments offered were referred
to the committee, the committee interprets this action to mean that
from that time on the resolution and charges became the sole respon-
sibility of the Senate. To state it another way, the Senator, or Sena-
tors, who offered resolution 301, and proposed amendments thereto,
have no legal responsibility from that point on for the conduct of
the investigations and hearings authorized by the order of the Senate.
The hearings are not to be adversary in character. Under this inter-
pretation, it became the committee's duty then to get all the facts
and material relevant to the charges irrespective of whetlier the facts
sustained the charges or showed them to be without foundation.
The foregoing statement seems to be necessary in view of a wide-
spread misunderstanding that the Senator who introduced the reso-
lution of censure into the Senate and the Senators who offered amend-
ments thereto, setting up specific charges against the Senator from
Wisconsin, are the complaining witnesses, or the parties plaintiff, in
this proceeding. That is not true, as has been explained. However,
because of the fact that they had made some study of the situation,
the committee did give them an opportunity to submit informational
documentation of the charges they had offered. Also they were asked
to submit the names of any witnesses who might have firsthand knowl-
edge of the matters charged and who could give relevant and material
testimony in the hearings.
Since matters of law also will be involved in reaching evaluation
of the facts developed, pertinent rules of the Senate and sections of
law, together with precedents' and decisions by competent tribunals,
should be briefed and made a part of the hearing record, the commit-
tee believes.
3. To hold hearings where the committee can present witnesses and
documentary evidence for the purpose of placing on record, for later
use by the Senate, the evidence and other information gathered during
the preliminary investigation period, and for the development or
additional evidence and information as the hearings proceed.
The resolution of censure presents to the Senate an issue with re-
spect to the conduct and possible punishment of one of its Members.
HEARINGS ON SENATE RESOLUTION 301 13
The debate in tlie Senate preceding tlie vote to refer the matter to a
select committee made it abundantly clear that the proceedings neces-
sary to a proper disposal of the resolution and the amendments pro-
loosed, both in the Senate and in the select committee, would be judicial
or quasijudicial in nature, and for that reason should be conducted in
<a judicial manner and atmosphere, so far as compatible with the in-
vestigative finictions of the committee in its' preliminary and con-
tinuing search for evidence and information bearing on all phases of
the issues presented.
Inherent in the situation created by the resolution of censure and
the charges made, is the right of the Senator against whom the charges
were made to be present at the hearings held by the select committee.
He should also be permitted to be represented by counsel and should
have the right of cross-examination. This is somewhat contrary to
the practice by Senate committees in the past, in hearings of this
nature, but the present committee believes that the accused Senator
should have these rights. He or his counsel, but not both, shall be
permitted to make objections to the introduction of testimony, but the
argmnent on the objections may be had or withheld at the discretion
of the chairman. The Senator under charges should be permitted to
present witnesses and documentary evidence in his behalf, but, of
course, this should be done in compliance with the policy laid down
by the committee in its notice of hearing, which is a part of this record.
In general, the committee wishes it understood that the regulations
adopted are for the purpose of insuring a judicial hearing and a judi-
<;ial atmosphere as befits the importance of the issues raised. For that
reason, and in accordance with the order the committee believes to be
the sentiment of the Senate, all activities which are not permitted in
the Senate itself will not be permitted in this hearing.
4. When the hearings have closed, to prepare a report and submit
it to the Senate. Under the order creating this committee, this must
be done before the present Senate adjourns sine die.
By way of comment, let me say that the inquiry we are engaged in
is of a special character which differentiates it from the usual legisla-
tive inquiry. It involves the internal affairs of the Senate itself in
the exercise of a high constitutional function. It is by nature a judi-
cial or semijudicial function, and we shall attempt to conduct it as
such. The procedures outlined are not necessarily appropriate to
■congressional investigations and should not, therefore, be construed
as in any sense intended as a model appropriate to such inquiries.
We hope what we are doing will be found to conform to sound sena-
torial principles and traditions in the special field in which the com-
mittee is operating.
It has been said before, but it will do no harm to repeat, that the
members of this committee did not seek this appointment. The quali-
fications laid down by the Senate order creating the committee said
the committee should be made up of 3 Democrat Senators and 3 Re-
?ublican Senators. This was the only condition named in the order,
[owever, in a larger sense, the proper authorities of the Senate were
charged with the responsibility of attempting to choose members of
the Senate for this committee who coulcl and would conduct a fair
and impartial investigation and hearing. Members of the committee
deemed their selection by the Senate authorities as a trust. We realize
we are human. We know, and the American people know, that there
14 HEARINGS ON SENATE RESOLUTION 301
has been a controversy raging over the country through a number
of years in connection with the activities of the Senator against M^ioin
the resohition is directed.
Members of this committee liave been conscious of tliat controversy ;
they have seen, heard, and read of the activities, charges, and counter-
charges, and, being human, they may have at times expressed their
impressions with respect to events that were happening while they
were happening. However, each of the Senators who make up this
special select committee are mature men and with a wide background
of experience which should enable them to disregard any impressions
or preconceived notions they may have had in the past respecting the
controversies which have been going on in public for many years.
We approach this matter as a duty imposed upon us and which we
feel that we should do our very best to discharge in a proper manner.
We i-ealize the United States Senate, in a sense, is on trial, and we
hope our conduct will be such as to maintain the American sense of
fair play and the high traditions and dignity of the United States
Senate under the authority given it by the Constitution.
Off the record.
(Discussion off the record.)
The Chaiiusian. My attention has been called to an oversight,
which, of course, I hardly need to say, that Senator ISIcCarthy and
his counsel, Mr. Williams, are also present. I apologize for the over-
sight.
Mr. Williams. Mr. Chairman, it seems that this may be an appro-
■|)riate time for me to introduce my associate counsel who have not
heretofore been introduced to the committee, Mr. Brent Bozell of the
California bar, and Miss Agnes Neill of my office.
The Chairman. We are glad to have them present with us.
Mr. Williams. They sit immediately behind us.
The Chairman. This probably is an appropriate time to permit
Senator McCarthy to make an opening statement. However, before
he makes it, I want to call attention to the fact that this morning we
were given two copies of this statement and we have attempted in the
rather last-minute rusli before coming in here, to go over it.
The condition was made that it should be relevant and material.
It will not be, of course, a sworn statement. It is not testimony.
It is customary ordinarily in court to permit a statement of this kind.
I want to say that we recognize that most of it is not material and
relevant to the issues in this hearing as we understand them. How-
ever, we are not going to prevent Senator McCarthy from making
that statement, and we will now permit him to proceed.
Senator McCarthy. Thank you, Mr. Chairman.
The Chairman. xA.nd we want it understood that this is not a prece-
dent to the reception of any matter in the way of testimony or evidence
that is irrelevant, incompetent, and immaterial.
STATEMENT OF HON. JOSEPH R. McCAETHY, UNITED STATES
SENATOR FROM WISCONSIN
Senator McCarthy. Thank you, Mr. Chairman.
Mr. Chairman, members of the conunittee, I have requested several
minutes at the beginning of these proceedings to make a statement.
I am grateful for permission to do so. This is a serious matter to
HEARINGS ON SENATE RESOLUTION 301 15
me and, I think, to the country. It weighs heavily on me and I would
like my own feelings known, in broad outline at least, before the com-
mittee begins to consider the evidence.
Several years ago, Mr. Chairman, I became convinced that this
countrj^ and its institutions were in imminent peril of destruction by
international communism. I learned from dedicated Americans,
theretofore closer to the situation than I, that the threat was not just
from the outside, but that the agents of the Soviet Union were firmly
entrenched in our midst; and in particular that their success in in-
filtrating our Government had given the Soviet Union access to our
most important secrets as well as a powerful and deadly voice in deter-
mining our foreign policies. I became convinced that subversives in
the American Government had played a large role in the long and
tragic train of "defeats that this country and the free world have
sultered at the liands of the Soviet Union since our entrance into the
Second World War.
I was late, Mr. Chairman — we all were late, although I daresay some
of us were earlier than others — in appreciating the immediacy and
enormity of the danger. For it had been with us many, many years.
Once the weaknesses of our secm'ity system had been brought home
to me, I conceived it my duty to expend every effort of mind and body
to fight subversion, to help clean traitors and potential traitors out of
the Government. 1 conceived this to be my first duty to my constitu-
ents and to my country. I still do, Mr. Chairman.
I have carried on my part in the fight as best I know how.
Let me say that I believe much progress has been made in the fight
against subversion. Yet all the while, success has been in jeopardy;
it is still in jeopardy.
As I see it, the fight has been obstructed — often successfully — by
three groups : No. 1, by those against whom it is directed, the Commu-
nists and their sympathizers ; No. 2, by those who do not sympathize
with communism but who deny that it presents a seiious threat ; and
No. 3, by those avIio profess to appreciate the strengtl\ of the Commu-
nist fifth column but who balk at taking vigorous measures to stamp
it out.
These three groups, Mr. Chairman, so differently motivated, have
rallied around a common standard. They have shaken hands on the
proposition that vigorous anticommunism somehow represents a
greater danger to America than communism itself.
If, after all is said and done, tliis unholy alliance should have its
way, then I propose the premise that holds it together — that vigorous
anticommunism is more dangerous than communism — as a fitting
epitaph on the grave of American civilization.
May I repeat that, Mr. Chairman. I say if, after all is said and
done, if this unholy alliance should have its way, then I propose that
the premise that holds it together — namely, that vigorous anticommu-
nism is more dangerous than communism — will be a fitting epitaph
on the grave of American civilization.
It has been said that I am the cause of disunity in the country and
in my party. There is disunity, and perhaps my activities have been
a part of its cause. But I had always thought that it takes two sides
who disagree to bring about disunity; andthat either side, by ceas-
ing to disagree with the other, can, of course, end the disunity.
16 HEARINGS ON SENATE RESOLUTION 301
Where there is disunity on matters of principle, then there ought
to be disunity. Otherwise there is hypocrisy and betrayal of prin-
ciple. I do not propose to be a hypocrite, and I will not betray prin-
ciple. Nor do I urge this course on men who oppose me.
Furthermore, for my part, Mr. Chairman, I shall never attempt to
bring about unity by trying, on specious grounds, to silence my oppo-
nents and destroy them, and thus cut off the debate. I believe that
debate should continue on the merits of the questions that divide us,
these questions being: Whether there is real danger from Communist
subversion, and, if so, how to cope with it.
As I say, I believe that the fight of the American people against
Communist infiltration, while it is far from finished, has achieved
much success. I believe that the record shows that I have played
some small part in that achievement. I cannot help but be proud
of this.
But now it is urged that I be censured.
I w^ould be untrutliful if I agreed that my accusers were not affected
by ulterior, political considerations. I believe that my accusers either
entertain such motives themselves, or are unwitting victims of power-
ful pressure groups in the country who are best characterized as oppo-
nents of a vigorous fight against communism.
Be that as it may, this committee has its duty. I recognize that duty.
Four weeks ago I hoped that the Senate would consider and vote
on the censure motion. The Senate decided instead to refer the
charges to this committee. While I preferred a vote then and there,
perhaps this procedure is best after all. I do hope, however, thai:
each of the charges made against me on the Senate floor will be either
considered by the committee, or declared by it unworthy of con-
sideration.
May I repeat that, Mr. Chairman. I hope that each of the charges
made against me on the Senate floor will be either considered by the
committee, or declared by it unworthy of consideration.
A motion of censure, whatever motives prompt the making of it,
is under the Constitution a legal matter. Consequently, I have
retained counsel, Mr. Edward Bennett Williams and Mr. Brent Bozell,
and I now put the case in their hands.
But I am here and I shall remain at the disposal of the committee
to give it what assistance I can. I am hopeful that these matters
will be disposed of as quickly as is consistent with a careful weighing
of them. I have been kept from my job, Mr. Chairman, since last
March, and I know I must get back to that job as soon as I possibly
can.
The Chairman. Now we proceed to a consideration of the matters
which the committee deemed of first importance in connection with
these hearings. No. 1, "Incidents of contempt of the Senate or a
senatorial committee."
I will ask our chief counsel, Mr. Chadwick, to read the specifications
under that first category.
Mr. CiiADwacK. Mr. Chairman, the matters of inquii-y under the
first item under schedule I, are "Incidents of contempt of the Senate
or a senatorial committee," and reference is made therein to the
amendment by Senator Fulbright, subparagraph (3), and quoting:
Although repeatedly invited to testify by a committee of this Senate headed
by the Senator from Iowa, the junior Senator from Wisconsin denounced the
committee and contemptuously refused to comply with its request.
HEARINGS ON SENATE RESOLUTION 301 17
B, the amendment of Senator Morse, subparagraph (a) —
declined to comply with a request made by letter on November 21, 1952, by the
chairman of the Subcommittee on Privileges and Elections of the Senate Com-
mittee on Rules and Administration, that he appear before the subcommittee to
supply information concerning certain specific matters involving his activities
as a Member of the Senate.
And three, the amendment of Senator Flanders, subparagraph (17),
quoting :
He has continued to show his contempt for the Senate by failing to explain
in any manner the six charges contained in the Hennings-Hayden-Hendrickson
report, which was filed in January 1953. This involves his bank transactions,
possible income-tax evasions, and the Lustron deal. The taint persists until he
satisfactorily explains these mattei-s, which he refused to do, although invited
six times to appear, during the S2d Congress.
The Chairman. That conchides the specification with respect to this
particular category, No. I, list of incidents.
Now, the Chair will state at this point that the committee under-
stands that charge to refer to the actions of Senator McCarthy with
respect to requests of the committee to appear before it. It does not
construe it in any way as involving the truth or falsity of the matters
which the committee, presided over by Senator Gillette, later by Sena-
tor Hennings or by Senator Hayden — I mean the subcommittee — it
does not involve any of those charges, whether they were true or false.
The matter goes directly to the conduct of the Senator from Wiscon-
sin with respect to the answer to the summonings and the requests of
that committee to appear before it.
Mr. Williams?
Mr. Williams. Mr. Chairman, if I may, I should like to be heard by
the committeee at this time on a motion to dismiss that charge on the
ground that it is legally insufficient on its face as a predicate for the
censure of Senator McCarthy.
Nw, I should like to predicate my motion upon two basic constitu-
tional and legal principles, and call the precedents incident thereto
to the attention of the Senate committee at this time.
I ask for leave to make this motion now because I have not had op-
porunity heretofore to make it. This is the first occasion upon which
I could present this legal matter to the committee, and I shall do it
with the utmost dispatch, if I am granted permission to make the
motion at this time.
The Chairman. If you will statue them briefly.
Mr. Williams. Mr. Chairman
The Chairman. I will say in the beginning, Mr. Williams, that the
committee had to pass on those matters earlier, and the reason they are
presented here is because we have determined that question. How-
ever, we will hear from you.
Mr. Williams. I believe, sir, that there are overriding considera-
tions of a constitutional level that are more important than any of the
individuals or issues involved in this hearing, and I will try to be as
brief as possible, sir, in the interests and economy of time in present-
ing our position on it, but I ask you to bear with me while I do call
the attention of the committee to the outstanding precedents in this
matter.
The Chairman. You may proceed with the oral statement. How-
ever, if you Avish to file a brief on that matter, the committee would
consider it that way, because it wants to move ahead with its testimony..
18 HEARINGS ON SENATE RESOLUTION 301
Mr. Williams. I shall file a brief, too, Mr. Chairman, for the use
of tlie committee, but the statement that I should like to make at this
time is an oral statement on this subject.
The Chairman. You may proceed.
Mr. Willi A]\rs. Mr. Chairman and members of the committee, I
believe that the char^'es contained in the first category and classifica-
tion of charges as presented by this committee on August 24, 1954,
for two clear reasons, fail to present a basis upon which a resolution
of censure can be predicated in the Senate of the United States. One
of these reasons, if the committee please, is an overriding constitu-
tional reason, a reason that has been supported by the judicial and
senatorial precedent since the beginning of our country, unbroken in
tradition. It is a constitutional argument predicated upon the law,
sirs, and I might say to you that Senator McCarthy, who is my client
in these proceedings, has evidenced a desire to me not to pitch his
defense on this predicate because he wants to meet this charge squarely
on the merits, and we do intend to meet it squarely on the merits. But
I have convinced him that I should be derelict in my duty as counsel
before this committee if I did not call to the attention of this com-
mittee every precedent that has taken place on this subject since
the beginning of the Senate, tlie first preceden,t going back to 1792.
And so T say, by way of recap, that our position is two-pronged,
and I should like to address myself first to the proposition that this
charge is insufficient on its face legally and precedentially, by virtue
of the interpretation of the Constitution by the Senate of the United
States, and then I should like to go to the very merits of the cliarge as
evidenced by the charge itself, and I shall not depart from the record,
because as a lawyer that I am confined to the record on a motion to
dismiss at the outset of these hearings.
The fundamental proposition to which I should like to address my-
self first, and which I believe is of overriding and transcendental im-
portance to this committee, is this : Never in the history of the Senate,
never in the history of the United States judicial system, has there
been a censure imposed upon a Member of Congress for conduct ante-
dating the inception of the Congress which is hearing tlie censure
charges. And this is for a very fundamental constitutional and legal
reason.
The predicate for censure stems from article I, section 5 of the
Constitution, which says that each House may pimish its Members
for disorderly behavior.
The purpose of that, as we read our constitutional history, was so
that each Congress could preserve its legislative processes free from
corruption and disorder. It was not to provide a basis for one Con-
gress to review the conduct of an individual throughout some other
Congress that antedated it and perhaps motivated, sometimes, by
partisan and political considerations, impose upon him a censure.
And this was considered from our earliest times.
Three times, gentlemen of this committee, three times the Supreme
Court of the United States has said in unequivocable, clear, and un-
ambiguous language, that the power of Congress to punish for con-
tempt, which is the charge that we are considering here this morning,
is a power that dies with the Congress wherein the contempt was
allegedly committed.
HEARINGS ON SENATE RESOLUTION 301 19"
It enunciated this basic proposition of law in the case of Ande7'son v.
Dunn (6 Wheat. 204). It enunciated it again in Jurney v. Mac-
Cracken (294 U. S. 125) ; and it enunciated it a third time in United
States V. Br-yan (339 U. S. 323), so recently as within the last 5 or &
years.
Not only have we had an unbroken line of judicial precedent upon
this subject, but the Senate itself and the House of Representatives
itself have from time to time carefully weighed and evaluated this
proposition. And I feel that it would be helpful to this committee —
and I conceive that to be at least half of my function in this case — I
feel that it would be helpful to this committee if I made a very cursory
rundown — and I promise to be brief — as brief as the exigencies of the
circumstances permit — to call these precedents to the committee's
attention.
The Chairman. We suggest that you do that in a brief.
This matter has been considered by the committee and it has had
to do that in selecting the charges to be heard. And if you will submit
that in a brief — we have precedents — we do not care to go into a long-
legal argument — if you make the argument we probably ought to have
developed what we have in the legal setup — we have obtained that in
our research — and when you get through with that probably the whole
day would be consumed — that can all be taken care of in a brief that
can be submitted by you in giving us the precedents.
Our counsel and others have also run down the precedents. We do
not agree with j^ou. And that is obvious or we would not have the
charges before us at this time.
Mr. Williams. I think that is all the more reason
The Chairman. You can submit vour brief — we will permit vou to
submit a brief on that point.
Mr. Williams. May I say this, Mr. Chairman, when you say to me,
sir, that the committee does not agree with me it demonstrates to me
all the more reason for permitting me to make an oral argument on
this subject, because if the committee has a predeliction and predispo-
sition on this legal matter as we begin the hearings, then certainly I
should be afforded as counsel for Senator McCarthy at least a hearing
on these propositions of law.
The Chairman. You are not being denied that hearing — you can
file your briefs and that will be considered by the committee.
We necessarily in this board of inquiry, which is not exactly a court
trial — it is in the nature of a judicial proceeding — had to make some
preliminary determinations or we could not move forward at all.
You can submit that brief and we will reserve the question, but we
would like to go on with the proceedings, if permitted. You can state
the general grounds of your objection, and I think that any court
would permit you to do that, but I think any court would also require
you, if it deemed it necessary, to submit a brief on tliat point.
Mr. Williams. Mr. Chairman, I shall abide, of course, by your
decision this morning and throughout this heai'ing so long as I am
counsel, but I would like to say to you, sir, that I feel that this is the
heart of our defense. On this first charge, I do intend to submit
written argument, but I should like to ask the committee, if I may have
just one half hour to present our views on this matter which I regard
as the heart of our defense. And I understood as I entered this case
that it was to be judicial in nature. I understood from my reading of
"20 HEARINGS ON SENATE RESOLUTION 301
the precedents that a proceeding of this kind is judicial in nature and
that all of the rights that adhere to any accused in any tribunal are
to adhere to the Senator who is before you today.
And I must, at the risk of being derelict in my duty, ask once again
for the right to present orally this position which I believe to be so
important, and which I believe cannot adequately be presented in a
written brief.
The Chairman. You are not being denied any of your rights. I
think the Chair is acquainted with court procedure and rights that may
be permitted. And I know when counsel can submit briefs, when the
court is in doubt or wishes to have the matter further heard.
We are willing to consider the matter at length when you have filed
your briefs, but we have made the ruling and we will now proceed with
the testimony.
Now, Mr. Chadwick, have you checked the Senate records with
reference to the charges, the specifications under incident listed as
No.l?
Mr. Chadwick. I have, sir.
The Chairman. Did you make an investigation appertaining to all
of the documents that may have a bearing on that matter ?
Mr. Chadwick. I understood that it was a part of my duties to find
not only matters which might be affirmative in support of the resolu-
tion, but also any matter which might be in fairness reflected in these
hearings for the benefit of Senator McCarthy, and I did my best.
The Chairman. You may read what you have obtained there and
mention each exhibit as 3^011 go along.
The Chair is acquainted with this material — has studied it some-
what— so that the Chair can anticipate what is going to be presented.
Mr. Chadwick. Mr. Chairman, I call j^our attention and ask you to
take judicial notice or legislative notice, for those wlio are more par-
ticular in the use of words, with respect to proceedings in the Senate
on August 6, 1951, being Senate Resolution No. 187, introduced by
Senator Benton to investigate Senator McCarthy.
The record will show that the President of the Senate referred Reso-
lution No. 187, introduced by Senator Benton, to the Senate Com-
mittee on Rules and Administration. And with your permission I
will now read the substance of Senate Resolution No. 187.
The Chairman. You may proceed.
Mr. Chadwick. From the printed copy. Senate Resolution No. 187,
I will omit the technical matter at the beginning and commence with
the word :
Resolution
Whereas the Subcommittee on Privileges and Elections of the Committee on
"Rules and Administration has made a nnanimous report to such committee with
respect to the 1950 Maryland senatorial general election ; and
Whereas such report contains findings with respect to the financing of the
campaign of Senator .Tohn Marshall Butler as follows :
"1. As a result of the investigation and hearings of this subcommittee, Jon M.
Jonkel, the campaign manager of Senator P.utler. has been indicted, pled guilty
to, and has been sentenced for violation of the Maryland election laws for failure
to properly report contributions and expenditures in the Butler campaign.
"2. Not only were substantial sums of contributions and expenditures not
■properly reported to Maryland authorities as required by law, but also a proper
accounting was not made to the Secretary of the Senate as required by the Fed-
eral Corrupt Practices Act"; and
HEARINGS ON SENATE RESOLUTION 301 21
Whereas sucli report, with respect to the literature used in the campaign of
Senator John Marshall Butler, contains findings as follows :
li-J^ * * ;!=
"The tabloid From the Record contains misleading half-truths, misrepresenta-
tions, and false innuendoes that maliciously and without foundation attack the
loyalty and patriotism not only of former Senator Millard Tydings, who won
the Distinguished Service Cross for battlefield heroism in World War I, but
also the entire membership of the Senate Armed Services Committee in 1950.
"2. Its preparation, publication, and distribution were the result of a combi-
nation of forces, including Senator Butler's own campaign organization.
"3. The tabloid, disregarding simple decency and common honesty, was de-
signed to create and exploit doubts about the loyalty of former Senator Tydings.
"4. It could never have been the intention of the framers of the first amend-
ment to the Constitution to allow, xinder the guise of freedom of the press, the
publication of any portrayal, whether in picture form or otherwise, of the char-
acter of the composite picture as it appeared in the tabloid From the Record.
It was a shocking abuse of the spirit and intent of the first amendment to the
Constitution.
"5. The tabloid From the Record was neither published nor in fact paid for
by the Young Democrats for Butler. Their alleged sponsorship for this publica-
tion was nothing more than a false front organization for the publication of
the tabloid by the Butler campaign headquarters and outsiders associated with
It. In the judgment of the subcommittee, this is a violation of the Federal and
State laws requiring persons responsible for such publications to list the organiza-
tions and its officers" ; and
• Whereas such subcommittee report contains findings with respect to the par-
ticipation of Senator .Joseph R. McCarthy in sucli campaign as follows:
"3. Senator Joseph R. McCarthy, of Wisconsin, was actively interested in the
■campaign to the extent of making his staff available for work on research, pic-
tures, composition, printing of the tabloid From the Record. Members of lais
staff acted as couriers of funds between Washington and the Butler campaign
headquartei'S in Baltimore. Evidence showed that some of the belatedly re-
ported campaign funds were delivered through his office. His staff also was
instrumental in materially assisting in the addressing, mailing, and planning of
the picture-postcard phase of the campaign" ; and
Whereas such subcommittee unanimously included in its specific conclusions
and recommendation to the committee the following:
"5. The question of unseating a Senator for acts committed in a senatorial
election should not be limited to the candidates in such elections. Any sitting
Senator, regardless of whether he is a candidate in the election himself, should
he subject to expulsion by action of the Senate, if it finds sucli Senator engaged
in practices and behavior that make him, in the opinion of the Senate, unfit to
hold the position of United States Senator" Now, therefore, be it
Resolved, That the Committee on Rules and Administration of the Senate is
authorized and directed to proceed with such consideration of the report of its
Subcommittee on Privileges and Elections with respect to the 19.50 Maryland
senatorial general election, which was made pursuant to Senate Resolution 250,
81st Congress, April 13, 1950, and to make such further investigation with re-
spect to the participation of Senator Joseph R. McCarthy in the 1950 senatorial
campaign of Senator John Marshall Butler, and such investigation with respect
to his other acts since his election to the Senate, as may be appropriate to en-
-able such committee to determine whether or not it should initiate action with
a view toward the expulsion from the United States Senate of the said Senator
Joseph R. McCarthy.
The Chairman. I may say that the readinsi: of the resolution was not
related as to whether it was either true or false, I mean with respect
to the charf^es, but merely to show that the resolution had been intro-
duced in the Senate of the United States, and that it was before a
•certain committee.
Now, you have the record with respect to the resolution ?
Mr. Chadwick. I have the record of the legislative history of the
resolution, sir.
Report of the Subcommittee on Privileges and Elections to the Committee on
Rules and Administration, pursuant to Senate Resolution 187 and Senate Reso-
lution 304, page 1.
22 HEARINGS ON SENATE RESOLUTION 301
The resolution was referred by the President of the Senate to the
Senate Committee on Rules and Administration and, in turn, to its
Subcommittee on Privileges and Elections for proper action.
The Chairman. You may proceed with the record.
Mr. Chadt\'ick. Mr. Chairman, further support of the matters cog-
nizable under the first paragraph — I request your leave, and I have
been directed, to read into the record from the exhibits in the report
of the Subcommittee on Privileges and Elections to the Committee
on Eules and Administration with respect to Senate Resolution 187
and Senate Resolution 304.
I will proceed to do so.
The Chairman. What are you going to read ?
Mr. Chadwick. Read the letters, sir, from the report of the
committee.
The Chairman. Letters between whom?
Mr. Chadwick. Well, the first one will be a letter from Senator
Guy M. Gillette to Hon. Joseph R. McCarthy.
The Chairman. You may proceed.
Mr. Wiixi.ams. In the economy of time, Mr. Chaii-man, Senator
McCarthy is perfectly willing to stipulate to the authenticity of these
letters, instead of taking the time of this committee to read them.
Mr. Chadwick. It is not a question of authenticity.
The Chairman. We want them read into the record, sir. We will
accept a stipulation with respect to the authenticity, but it is the
purpose of the committee to have them placed in the record by the
reading of them.
Mr. Williams. I am thinking of the economy of time. They could
be copied by the reporter.
The Chairman. If it takes too much time in the course of these
proceedings, we will think of economy measures, but at the moment,
we do not think we need to so do.
Mr. Chadwick. I desire to explain for the purposes of the record
that these letters will be read, including their exhibit number jn the
report from which they are drafted, for the purpose of convenient
reference in the future.
I shall read the date, the address, the body of each letter which I
read, and the name of the author of the letter, which was signed
thereby.
The first is exhibit No. 3, which happens to commence on page 61
of the report in question. It is a letter dated September 25, 1951.
It is addressed to Hon. Joseph R. McCarthy, United States Senate,
and it is signed by Senator Guy M. Gillette.
It reads as follows
Senator Case. Mr. Chairman.
The Chairman. Senator Case.
Senator Case. Was this date prior to the resignation of Senator
Gillette as chairman? Was he chairman at the time he wrote this
letter ?
The Chairman. The record, I think, shows that he was.
Mr. Williams. We will so stipulate.
The CiiAiRiMAN. He was chairman of the Subcommittee on Privi-
leges and Elections, which is a subcommittee of the Committee on
Rules and Administration of the United States Senate.
HEARENGS ON SENATE RESOLUTION 301 23
The record will also show and we will take judicial notice of that
fact, as we are of all these other matters, that it was referred to a
subcommittee — that is, under Eesolution 187.
You may proceed,
Mr, Chadwick (reading) :
My Dear Joe: I promised to tell you the decision of the Subcommittee on
Privileges and Elections as to procedure as soon as they had made the decision.
They are goinsr to take up the Benton resolution at 9 : 30 a. m., Friday, September
28, in room 457. At that time they are going to hear Senator Benton's state-
ment. They voted to hear the Senator in executive session but also voted that
you could be present if you so desired and if time permitted, to make a state-
ment at this same meeting. It was also decided that there should be no cross-
examination except by the members of the subcommittee.
A further decision was made that if additional evidence is taken, it will be
governed by rules of procedure determined after this first meeting.
With personal greetings, I am,
Sincerely,
Gut M. Gillette.
There are the identifying initials "GMG : dd,"
Exhibit Xo. 4, a letter dated October 1, 1951, from Senator Gillette
to Senator McCarthy, addressed as follows :
Hon. Joseph R. McCarthy,
United States Senator, Washinffton, D. C.
My Dear Senator: On last Friday, September 28, Senator Benton appeared
before the Subcommittee on Privileges and Elections and presented a statement
in support of his resolution looking to action pertaining to your expulsion from
the Senate. You had been advised that you could attend this meeting which was
a public one, but without the right of cross-examination of Senator Benton.
The subcommittee recessed to reassemble on call of the chairman. The chair-
man announced at the close of the meeting that an opportunity would be ac-
corded Senator McCarthy to appear and make any statement he wished to make
concerning the matter and with the right of Senator Benton to be present, but
without any right on the part of Senator Benton to cross-examine you in any
way. This is to notify you that this action was taken and the subcommittee
will be glad to hear you at an hour mutually convenient. It is hoped that if you
desire to appear and make any statement in connection with this matter, that a
time can be fixed before the 10th of October. I should be glad to have your
comment relative to a convenient time for you if you desire to come before us.
If you do not so desire I shall appreciate it if you will advise us of that fact.
With personal greetings, I am,
Sincerely,
Guy M. Gillette.
Mr. Chadwick, Next is exhibit No. 5, which is identified, the third
of these exhibits, in the text of that exhibit as a "copy" in brackets,
and it quotes "A," which is not too" clear to me, but it is on the paper,
and dated October 4, 1051. It is a letter to the Honoral)le Guy M.
Gillette, from Senator McCarthy, and it reads as follows :
Dear Guy : This is to acknowledge receipt of your letter of October 1 in which
y()u offer me an opportunity to appear before your committee and answer Sena-
tor Benton's charges.
Frankly, Guy, I have not and do not intend to even read, much less answer,
Benton's smear attack. I am sure yon realize that the Benton type of material
can be found in the D'aily Worker almost any day of the week and -Rail con-
tinue to flow from the mouths and pens of the camp followers as long as I con-
tinue my fight against Communists in Government.
With kindest personal regards, I am,
Sincerely yours,
Joe McCarthy.
It is identified by the initials "McC :ct,"
24 HEARINGS ON SENATE RESOLUTION 301
The next exhibit is exhibit No. 6, also designated as "copy'' and
it quotes the letter "B." It is dated December 6, 1951. It is a letter
from Senator McCarthy to Senator Guy Gillette, addressed to him a&
chairman of the Elections Subcommittee of the United States Senate^
Washington, D. C, and reads as follows :
Dear Mr. Chairman : As you of course know, your Elections Subcommittee
has the power and the duty to carefully investigate any valid claims of irregu-
larity or dishonest in the conduct of campaigns for the United States Senate.
As you and all the members of your subcommittee know or should know, the
Elections Subcommittee, unless given further power by the Senate, is restricted
to matters having to do with elections. The Senate could, of course, by a ma-
jority vote give your subcommittee power to conduct an unlimited investigation,
of any Senator. Such power was not asked for nor given to your Elections
Subcommittee.
However, over the past months, it has been repeatedly brought to my attentioa
that a horde of investigators hired by your committee at a cost of tens of thou-
sands of dollars of taxpayers' money, has been engaged exclusively in trying
to dig up on McCarthy material covering periods of time long before he was even
old enough to be a candidate for the Senate — material which can have no con-
ceivable connection with his election or any other election. This Is being done
in complete disregard of the limited power of your Elections Subcommittee. The-
obvious purpose is to dig up campaign material for the Democratic Party for th&
coming campaign against McCarthy.
When your Elections Subcommittee, without Senate authorization, spends-
tens of thousands of taxpayers' dollars for the sole purpose of digging up cam-
paign material against McCarthy, then the committee is guilty of stealing just
as clearly as though the members engaged in picking the pockets of the taxpayers
and turning the loot over to the Democratic National Committee.
If one of the administration lackeys were chairman of this committee, I would
not waste the time or energy to write and point out the committee's complete-
dishonesty, but from you, Guy, the Senate and the country expect honest adher-
ence to the rules of tlie Senate.
If your committee wanted to dig up campaign material against McCarthy at
the expense of the taxpayers, you were in all honesty bound to first get the power
to do so from the Senate, which the Senate had a right to give and might have
given. But your committee did not risk asking for such power. Instead, your
committee decided to spend tens of thousands of dollars of taxpayers' money to
aid Benton in his smear attack upon McCarthy.
Does this mean, that if a Benton asks your committee to do so, you will put an^
unlimited number of investigators at unlimited cost investigating the background
of tlie other 95 Senators so their opponents can use this material next election?
Or is this a rule which applies only to him who fights Communists in Government?
Let's get an answer to this, Guy. The people of America are entitled to your
answer.
While the actions of Benton and some of the committee members do not sur-
prise me, I cannot iTuderstand your being willing to label Guy Gillette as a man
who will head a committee which is stealing from the pockets of the American
taxpayer tens of thousands of dollars and then using this money to protect the
Democratic Party from the political effect of the exposure of Communists in
Government. To take it upon yourself to hire a horde of investigators and spend
tens of thousands of dollars without any authorization to do so from the Senate
is labeling your Elections Subcommittee even more dishonest than was the
Tydings committee.
The chairman suggests that one of the other copies, which is a
photographic transition of the letters from the report, Mr. Williams,
would be easier to read only because the book is hard to turn.
Mr. Williams. The easier course I am still willing to stipulate to,
]Mr. Chadwick, that we can regard all of this as in the record right
now, and I will so stipulate.
Mr. Chadwick. I recall your stipulation.
The Chairman. I understand that, and the committee desires to
have this read into the record.
HEARINGS ON SENATE RESOLUTION 301 25
I mentioned the matter of time before. This is important, and
there is enough time to take on the matters that we need to do now.
When I referred to the matter of time with reference to your offer
to argue the legal questions, I expected to give you time to do that in
a brief that we could sit down and consider, but this committee is not
so set up that we can determine all these legal questions.
The questions that are referred to the committee we gather evidence
on. The Senate may decide we are dead wrong, and it may decide
we are right. They are the final arbiter. We are only an agent of
the Senate to gather the evidence in matters of law and all that sort
of thing, and we prefer to have the legal arguments, except barely
the statement of the grounds, legal arguments with reference to the
precedents and all that sort of thing, in detail put before us in briefs.
We consider it much better that way. That is the reason I made the
ruling I did before.
Senator EmT:N. Mr. Chairman, could I make one statement com-
mending the chairman for his ruling ? My father was a trial lawyer
in North Carolina for 65 years. I entered his law office 32 years ago,
and when I did he gave me this advice — he said :
Salt down tbe facts. The law will keep.
And I understand that was the effect of the chairman's ruling —
that we should get the facts first and then pass on legal questions when
the facts are in.
The Chairman. You state it far better than I could.
Mr. Williams. I am certainly willing to abide by that, provided
I do get an opportunity to orally argue these propositions, because I
feel that is the heart of our defense, and I further feel that it is abso-
lutely necessary, in the light of the Chair's statement, that there is
some predisposition on the part of the committee on this matter of law.
The Chaiemax. May I say this : In order to get before the Senate
material on these various charges, it is necessary to have evidence pro-
duced, and we can have the legal arguments produced, but we are not
the final arbiters.
We are merely the agents of the Senate to gather together this
information and to use such rules and regulations as we can in screen-
ing out and trying to keep the investigation on the track.
If we were the final arbiter, or if we were a court, that would be
another matter. Then you would be entitled probably to present in
more detail your arguments as you go along.
However, most courts recognize the facts that they will take the
statement of the grounds and allow the matter to be presented more
in detail in briefs, particularly if there is any doubt on it, and I think
in this case you should present those arguments in a brief, because
the Senate sliould have before it the argimients pro and con.
But it isn't necessary for us to sit and listen to that as a matter of
law, because you have stated now the general situation.
I overruled your motion, so we will proceed now to take the evidence.
In any event, we ought to get this evidence because the Senate later
on may decide that we are right or it may decide you are right, but if
they decide we are right, and we struck the testimon}^ and didn't take
any of it, then there would be nothing before the Senate to work on,
so we want that information.
26 HEARINGS ON SENATE RESOLUTION 301
Mr. Williams. Mr, Chairman, I am sure that you will understand
if I most respectfully continue throughout this hearing to insist on my
right to be heard on these propositions.
The Chairman. That is right, and you will understand we have an
obligation here to perform, and that is to rule, and to rule properly.
Mr. Williams. Yes, sir.
The Chairman. And to state the rulings, and if we are wrong we
will consider these matters in committee, and if the other members of
the committee believe the chairman is wrong, the chairman is willing
to be corrected, and we will indicate clearly where we think we have
made an error during the course of the hearing.
Mr. Williams. Yes, sir.
JSIr. Chadwick. ]Mr. Chairman, my associate calls my attention to
the fact that in reading exhibit 6, which I have just completed, I men-
tioned the date as December 6, 1954. If that is true, I desire to correct
that. The correct date is December 6, 1951 .
E:^liibit,7 is a letter from Senator Gillette to Senator McCarthy,
dated December 6, 1951, and there is noted in the head in brackets, the
word "copy."
Senator Joseph R. McCarthy,
United States Senate, Washbu/ton, D. C.
My Dear Senator : Your letter dated December 6 and referring to the work
of the Senate Subcommittee on Privileges and Elections in the discharge of its
duties relative to Resolution No. 187 has just been received by messenger. This
resolution, on its introduction by Senator Benton, was referred by the Senate to
the Committee on Rules and Administration, of which you are a member. This
committee, in its turn, referred the resolution to its Subcommittee on Privileges
aud Elections, of whicli I am the chairman.
Our subcommittee certainly did not seek or welcome the unpleasant task of
studying and reporting on a resolution Involving charges looking to the ouster
of one of our colleagues from the Senate. However, ovir duty was clear in the
task assigned to us and we shall discharge that duty in a spirit of utmost fairness
to all concerned and to the Senate. We have ordered our staff to study and
report to us on both the legal and factual phases of the resolution. On receiving
these reports the subcommittee will then determine its course in the light of its
responsibilities and authority.
Your information as to the use of a large staff and the expenditure of a large
sum of money in investigations relative to the resolution is, of course, erroneous.
May I also assure you that no individuals or groups outside of the subcommittee
membership have had or will liave any influence whatever in the work assigned
to us to do.
With personal greetings, I am
Sincerely,
Guy M. Gillette.
Identified by the initials "GMG : cc."
The next exhibit is exhibit No. 8, also marked in parentheses, "copy,"
and the letter "C." It is a letter dated December 7, 1951, by Senator
McCarthy to Senator Gillette, and addressed to him as chairman of
the Subcommittee on Elections of the United States Senate, Wash-
ington, D. C. :
Dear Senator Gillette : I would very much appreciate receiving the following
information :
(1) The number of people employed by the Elections Subcommittee, together
with information on their employment background, the salaries they receive, and
the length of time they have been employed.
(2) The names of tlie above individuals who have been working on the
investigation of Senator McCarthy.
(3) Wliether they have been instructed to restrict their investigation to mat-
ters concerning elections.
HEARINGS ON SENATE RESOLUTION 301 27
(4) If the investigators have been ordered to cover matters other than either
my election or any other election in which I took part, then —
the printed word is "than" —
the theory of the law under which you feel an election subcommittee is entitled
to hire investigators to go into matters other than those concerned with elections.
I am sure that you will agree that I am entitled to this information.
Signed, "Joe McCarthy," and with the words, "Sincerely yours."
The next exhibit is exhibit 9, also containing the word "copy" in
brackets. It is a letter dated December 11, 1951, from Senator
Guy M. Gillette to the Honorable Joseph R. McCarthy, addressed to
the United States Senate, Washington, D. C. :
My Dear Senator: I received your letter dated December 7 in which you
make inquiry and request for certain specific information.
As you are a member of the Rules Committee, I feel, as you suggested, that
you are entitled to the information relative to the personnel employed by the
Subcommittee on Privileges and Elections. Y-^ur first request is as to the
number of people employed by the Elections Subcommittee, their salaries, and
the length of time they have been employed. The following is the list employed
by the subcommittee —
The following is tabulated. It is tabulated under "Employed,"
"Position," "Separated (3)," "Basic salary per annum."
This completes the list of employees of the subcommittee. Three other
employees of the Rules Committee have been performing work for the subcom-
mittee, including Mr. John P. Moore, the chief counsel. You will note that
3 of the 6 employees of the subconuuittee were taken on in a temporary capacity
after the middle of October and completed their assiirned work within a few
weeks time. These men have done some work in connection with the Ohio
senatorial hearing.
You make further inquiry as to what theory of the law the subcommittee
holds in connection with its investigatory work. We are not working under any
"theory." All the powers that we have derived from dele.:,'ated responsibilities
assigned to us by the Senate Committee on Rales and Administration. We do
not have, and could not have, any power other than so derived as a subagency
of the standing Committee on Rules and Administration —
with identifying initials.
The next exhibit is a letter dated December 19, 1951, exhibit No. 10,
and is a letter which bears at the head the word "Copy" in brackets,
and the letter "D." It is a letter signed by Senator McCarthy ad-
dressed to Senator Guy Gillette, chairman of the Subcommitee on
Elections of the United States Senate, Washington, D. C. :
Dear Senator Gillette : On December 7, I wrote you as follows :
(1) The number of people employed by "the Elections Subcommittee, together
with information on their employment background, the salaries they receive,
and the length of time they have been employed.
Parenthetically, I should state that apparently— strike that out,
Mr. Reporter. The accuracy will turn up later.
(2) The names of the above individuals who have been working on the in-
vestigation of Senator McCartliy.
(3) Whether they have been instructed to restrict their investigation to mat-
ters concerning elections.
(4) If the investigators have been ordered to cover matters other than either
my election or any other election in which I took part, then the theory of the
law under which you feel an Elections Subcommittee is entitled to hire investi-
gators to go into matters other than those concerned with elections.
I am sure you will agree that I am entitled to this information.
52461—54-
28 HEARINGS ON SENATE RESOLUTION 301
That is with reference to a letter which has ah-eady been read into
the record. The letter proceeds :
On December 11 you wrote giving me the names of those employed by the sub-
committee, stating that two others, whom you did not name, were also doing
work for the subcommittee. You did not give me the employment background
of the investigators as I requested. Why, Senator, do you refuse to give me
the employment background of those individuals?
You also failed to tell me whether the investigators have been instructed to
extend their investigation beyond matters having to do with elections.
You state that the only power which your subcommittee has was derived from
the full committee. The full committee appointed you chairman of an Elections
Subcommittee, but gave you no power whatsoever to hire investigators and spend
vast amounts of money to make investigations having nothing to do with elec-
tions. Again may I have an answer to my questions as to why you feel you are
entitled to spend the taxpayers' money to do the work of the Democratic National
Committee.
As I have previously stated, you and every member of your subcommittee who
Is responsible for spending vast amounts of money to hire investigators, pay
their traveling expenses, etc., on matters not concerned with elections, is just as
dishonest as though he or she picked the pockets of the taxpayers and turned the
loot over to the Democratic National Committee.
I wonder if I might have a frank, honest answer to all the questions covered
in my letter of December 7. Certainly as a member of the Rules Committee and
as a member of the Senate, I am entitled to this information. Your failure to
give this information highlights the fact that your subcommittee is not concerned
with investigating elections, but concerned with dishonestly spending the tax-
payers' money and using your subcommittee as an arm of the Democratic Na-
tional Committee.
Sincerely yours,
[s] Joe McCarthy.
and the letter carries the initials at the bottom.
The next exhibit is exhibit No. 11, also indicated as "Copy" in
brackets. It is a letter dated December 21, 1951. It is addressed to
Senator McCarthy, and signed by Guy M. Gillette, and reads as
follows :
Senator Joseph R. McCarthy,
United States Senate, Washington, D. C.
My Dear Senator: Today I received your letter of December 19 quoting
former correspondence in wliich you had asked for some specific information
which you feel was not given you in my reply to your former request.
Not only as a member of tlie Rules Committee, but as a member of tlie United
States Senate, you were certainly entitled to any factual information relative
to the work of our Subcommittee of Rules and Administration or with reference
to the members of its staff. I shall be very glad to give you such information as
I have or go with you, if you so desire, to the I'ooms occupied by the sul>com-
mittee and aid you in securing any facts that are there available, relative to the
employees of the subcommittee or their work.
I am sure you will agree that this is preferable to an attempt to cover mat-
ters of this kind through an interchange of correspondence. Unfortunately,
our previous correspondence concerning these matters found its way into the pulj-
lic press and your letters to me were printed in full in the pul)li(' press even be-
fore I received them. As a former judge you will appreciate, I am sure, the im-
propriety of discussing matters pertaining to pending litigation in the public
press. The Senate Committee on Rules and Administration, having referred
the Benton resolution to our subcommittee, has placed us in a quasijudicial posi-
tion relative to a matter of outstanding importance involving the expulsion from
the Senate of a sitting member.
Inquiry has disclosed that it would be impossible for me to call the subcom-
mittee together for further consideration of this resolution and its import before
Monday, the 7th of January, and I am calling a meeting for that date at 10 a. m.
in my office.
When the Benton resolution was first referred to the subcommittee it developed
that there was a difference of opinion among the members as to our responsibility
under the reference and the terms of the resolution. The subcommittee ordered
HEARINGS ON SENATE RESOLUTION 301 29
its staff to make study and report of the legal phases and precedents pertaining
to the questions I'aised by the resolution and also to report as to certain allega-
tions of fact contained in the resolution. We are awaiting these reports and,
on the date of the meeting, which I have called for January 7, it is expected
that the subcommittee will make a decision as to what further action, if any,
it will take on the resolution.
As I have told you before, if you care to appear before the subcommittee,
we should be glad to make the necessary arrangements as to time and place.
Your letter and this reply will be made available to the members of the sub-
committee by copy and you will be promptly advised as to what action the
subcommittee decided to take.
In the meantime, as I have stated above in this letter, I shall be glad to
confer with you personally as to matters concerning our staff and its work.
In closing, may I again assure you that as far as I am personally concerned,
neither the Democratic National Committee, nor any other person or group other
than an agency of the United States Senate has had or will have any influence
whatever as to my duties and actions as a member of the subcommittee and
I am just as confident that no other member of the subcommittee has been or
will be so influenced.
With warm personal greetings and holiday wishes, I am
Sincerely,
GtJY M. Gillette.
And the initials at tlie bottom "GINIG : cc."
Exhibit No. 12 is a letter from Senator McCarthy to Senator Gny M.
Gillette dated January 4, 1952 :
Senator Guy M. Gillbtfte.
Chairman. Subcommittee on Elections and Privileges,
United States Senate, Washington, D. C.
Dear Senator Gillette: Your letter of December 21 has just been called to
my attention. As you know this was in answer to my letter to you of December
19. in which I asked for certain information.
I can easily understand that you mieht have some difficulty answering some
of my questions without first consulting the other members of the subcommittee^ —
for example, the question as to the theory of the law under which investigators
are being hired and money being spent to investigate matters having nothing
whatsoever to do with elections. There is, however, one simple question which
you could easily answer and I am sure you will agree that I am entitled to the
answer. It is the simple question of whether or not you have ordered the
investigators to restrict their investigation to matters having to do with elec-
tions, or whether their investigations extend into fields having nothing what-
soever to do with either my election or the election of any other Senator.
Sincerely yours,
(Signed) Joe McCarthy.
McC : jh
The next letter is marked "Exhibit Xo. 12A," contains the word
"copy" at the top, the date January 10, 1952. It is addressed to
KSenator Joe McCarthy and is signed by Senator Guy M. Gillette :
oMy Dear Sexator : This is an af'kno\\ledgment of the receipt of your letter
of January 4 which has just been brought to my attention. Your letter makes
inquiry as to whether the Subcommittee on Privileges and Elections "ordered
the investigators to restrict their investigations to matters having to do with
elections, or whether their investigations extend into fields having nothing
Avhatever to do with either my election or the election of any other Senator."
In reply, you will recall that the Senate Committee on Rules and Adminis-
tration received from the Senate the Benton resolution calling for a preliminary
investigation relative to ouster proceedings. The Rules Committee referred
the resolution to our subcommittee, as any other piece of legislation would be
referred to a subeonnnittee. The subcommittee met and directed its staff to
make a preliminary study both of the legal phases and precedents pertaining
to this type of action and also a preliminary Investigation of the factual matter
charged in the resolution. They were instructed to make these preliminary
studies and report to us at as early a time as possible. The report on the legal
questions has been received by the subcommittee and we advise that the report
on the factual charges will be available to us by the end of this week. The
30 HEARINGS ON SENATE RESOLUTION 801
subcommittee then would study the reports and determine what action, if any,
they wish to take in making their report to the Rules Committee on the resolution.
The above statement covers the question you asked as to what instructions
were given to the subcommittee staff relative to the Benton resolution.
Sincerely,
Guy M. Gillette.
GMG : CO
The next letter is marked "Exhibit 13," with the word "copy'^
bracketed, and is a letter dated March 21, 1952, addressed to the
Honorable Carl Hayden, United States Senate, Washington, D. C,
and is signed by Senator McCarthy.
It is as follows :
Deak Senator Hayden : Some days ago you handed me a letter from Senator
Gillette, chairman of the Senate Elections Subcommittee, to you as chairman
of the full committee. At that time you informed me that a majority of the
full committee had adopted the subcommittee's resolution requesting that I
bring to the floor of the Senate a motion to discharge the Elections Subcom-
mittee. You further stated that the purpose of this motion would be to test
the jurisdiction and integrity of the members of the subcommittee.
As I stated to you the other day, I feel it would be entirely improper to dis-
charge the Elections Subcommittee at this time for the following reasons:
The Elections Subcommittee unquestionably has the power and, when com-
plaint is made, the duty to investigate any improper conduct on the part of
McCarthy or any other Senator in a senatorial election.
The subcommittee has spent tens of thousands of dollars and nearly a year
making the most painstaking investigation of my part in the Maryland election,
as well as my campaigns in Wisconsin. The subcommittee's task is not finished
until it reports to the Senate the result of that investigation, namely, whether
they found such misconduct on the part of McCarthy in either his ow u campaigns
or in the Tydings campaign to warrant his expulsion from the Senate.
I note the subcommittee's request that the integrity of the subcommittee be
passed upon. As you know, the sole question of the integrity of the subcommittee
concerned its right to spend vast sums of money investigating the life of
McCarthy from birth to date without any authority to do so from the Senate.
However, the vote on that question cannot affect the McCarthy investigation,
in that tlie committee for a year has been looking into every possible phase of
McCarthy's life, including an investigation of those who contributed to my
unsuccessful 1944 campaign.
As you know, I wrote Senator Gillette, chairman of the subcommittee, that
I considered this a completely dishonest handling of taxpayers' money. I felt
that the Elections Subcommittee had no authority to go into matters other than
elections unless the Senate instructed it to do so. However, it is obvious that
insofar as McCarthy is concerned that is now a moot question, because the
staff has already painstakingly and diligently investigated every nook and
cranny of my life from birth to date. Every possible lead on r^IcCarthy was
investigated. Nothing that could be investigated was left uninvestigated. The
staff's scurrilous report, which consisted of cleverly twisted and distorted facts,
was then "leaked" to the leftwing elements of the press and blazoned across
the Nation in an attempt to further smear McCarthy.
A vote of confidence in the subcommittee would be a vote on whether or not
it had the right, without authority from the Senate, but merely on the request
of one Senator (in the case, Senator Benton) to make a thorough and complete
investigation of the entire life of another Senator. A vote to uphold the subcom-
mittee would mean that the Senate accepts and approves this precedent and
makes it binding on the Election Subcommittee in the future.
A vote against the subcommittee could not undo what the subcommittee has
done in regard to McCarthy. It would not force the subcommittee members to
repay into the Treasury the funds spent on this investigation of McCarthy.
A vote against the subcommittee would merely mean that the Senate disapproves
what has already been done insofar as McCarthy is concerned, and therefore,
disapproves an investigation of O'ther Senators like the one which was made
of McCarthy. While I felt the subcommittee exceeded its authority, now that
it has established a precedent in McCarthy's case, the same rule should apply to
■every other Senator. If the subcommittee brought up this question before the
HEARINGS ON SENATE RESOLUTION 301 31
investigation had been made, I would have voted to discharge it. Now that the
deed is done, however, the same rule should apply to the other 95 Senators.
For that reason, I would be forced to vigorously oppose a motion to discharge
the Elections Subcommittee at this time.
I hope the Senate agrees with me that it would be highly improper to discharge
the Gillette-Monroney subcommittee at this time, thereby, in effect, setting a
different rule for the subcommittee to follow in case an investigation is asked
of any of the other 95 Senators.
Sincerely yours,
Joe McCarthy.
At the bottom, initials, and "cc : To all Senators."
Mr. Chairman, may I turn over the responsibility of reading to my
able associate to my right, and let me rest my voice for a minute ?
The Chairman. Mr. De Furia will now read the exhibits, beginning
with exhibit No. 14.
Mr. De Furia. We will read into the record Senate Eesolution 300
of the 82d Congress, 2d session :
In the Senate of the United States,
April 8 {legislative day, April 2), 1952.
Mr. Hayden (for himself, Mr. Gillette, Mr. Monroney, Mr. Hennings, and Mr.
Hendrickson) submitted the following resolution, which was ordered to lie over
under the rule :
"Resolution
"Whereas Senate Resolution 187, to further investigate the participation of
Senator Joseph R. McCarthy in the Maryland 1950 senatorial campaign and
other acts, to determine whether expulsion proceedings should be instituted
against him, was introduced in the Senate by the Senator from Connecticut
(Mr. Benton) on August 6, 1951, and was referred by the Senate to the Com-
mittee on Rules and Administration ; and
"Whereas on August 8, 1951, said resolution was referred by the Committee
on Rules and Administration to its Subcommittee on Privileges and Elections ;
and
"Whereas in a series of communications addressed to the chairman of said
subcommittee during the period between December 6, 1951. and January 4,
1952, the Senator from Wisconsin (Mr. McCarthy) charged that the subcom-
mittee lacked jurisdiction to investigate such acts of the Senator from Wis-
consin (Mr. McCarthy) as were not connected with election campaigns and
attacked the honesty of the members of the subcommittee, charging that, in
their investigation of such other acts, the members were improperly motivated
and were 'guilty of stealing just as clearly as though the members engaged in
picking the pockets of the taxpayers' ; and
"Whereas on March 5, 1952, the Subcommittee on Privileges and Elections
adopted the following motion as the most expeditious parliamentary method of
obtaining an affirmation by the Senate of its jurisdiction in this matter and a
vote on the honesty of its members :
" 'That the chairman of the Committee on Rules and Administration request
Senator McCarthy, of Wisconsin, to raise the question of the jurisdiction of
the Subcommittee on Privileges and Elections and of the integrity of the members
thereof in connection with its consideration of Senate Resolution 187 by making
a formal motion on the floor of the Senate to discharge the committee ; and that
Senator McCarthy be advised by the chairman of the Committee on Rules
and Administration that, if he does not take the requested action in a period
of time to be fixed by stipulation between Senator McCarthy and the chairman
of the Committee on Rules and Administration, the committee (acting through
the chairman of the standing committee or the chairman of the subcommittee)
will itself present such motion to discharge for the purpose of affirming the
jurisdiction of the subcommittee and the integrity of its members in its con-
sideration of the aforesaid resolution ;' and
"Whereas on March 6, 1952, the said motion was also adopted by the Com-
mittee on Rules and Administration and the chairman of said committee sub-
mitted to the Senator from Wisconsin (Mr. McCarthy) a copy of the above-stated
motion ; and
32 HEARINGS ON SENATE RESOLUTION 301
"Whereas by letter dated March 21, 1952, the Senator from Wisconsin (Mr.
McCarthy) in effect declined to take the action called for by the above-stated
motion, repeating his charge that the subcommittee has been guilty of 'a com-
pletely dishonest handling of taxpayers' money,' referring to a preliminary and
confidential report of its staff as 'scurrilous' and consisting of 'cleverly twisted
and distorted facts' :
Now, therefore, to determine the proper jurisdiction of the Committee on
Rules and Administration and to express the confidence of the Senate in its
committee in their consideration of Senate Kesolution 187, it being understood
that the following motion is made solely for this test and that the adoption
of the resolution is opjwsed by the members on whose behalf it is submitted,
be it
Resolved, That the Committee on Rules and Administration be, and it hereby
is, discharged from the further consideration of Senate Resolution 187.
The Chair:man. Mr. de Furia, will you state for tlie record, of -which
we will take judicial notice, as to what happened to this resolution?
Mr. DE FuRiA. Yes, sir.
We ask that the conunittee take legislative notice of the fact that the
Senate voted upon this resolution on April 10, 1952; that the pro-
ceedings appear in the Congressional Eecord of that day, page 3954.
The votes were: Yeas, 0; nays, GO; not voting, 36, and the President
of the Senate declared that the resolution was rejected, sir.
The Chairman. You may proceed to the next exhibit.
Mr. DE Furia. Exhibit No. IT is a letter dated ]May 7, 1952, from
Sejiator Gillette to Senator McCarthy :
Hon. Joseph R. McCakthy,
United States Senate, Washington, D. C.
My Dear Senator: The Subcommittee on Privileges and Elections in execu-
tive session this morning voted to hold public hearings on Senate Resolution
187, which was introduced in the Senate by Senator William Benton, of Con-
necticut, on August 6, 1951, and was thereafter referred to this subcommittee
for action.
It was further decided that the hearings are to begin on Monday, IMay
12, and that the first charges to be heard will be Senator Benton's "Case No.
2," wherein it was alleged that you had improperly received a fee of $10,000
in 1948 from tlie Lustron Corp. for an article on housing which was included in
an advertising booklet published by that company..
The subcommittee has not yet determined the order of witnesses for this
first case but we expect to do so liy Friday after consultation with the staff.
In the meantime I do wish to extend to you the opportunity to appear at the
hearings for the purpose of presenting testimony relating to this charge. The
hearings in this case will probably continue for several days, and we shall make
whatever arrangements tor your appearance are most convenient for you.
Sincerely,
Guy M. Gillette, Chairman.
The next letter, Mr. Chairman, Exhibit No. 18, is a letter dated
May 8, 1952, from Senator McCarthy' to Senator Gillette and reads
as follows :
United States Senate,
Committee on Appropriations.
May S, 1952.
Senator Guy Gillette,
Chairman, Siihcommittee on Privileges and Elections,
United States Senate, Washington, D. C.
Dear Senator Gii-lette: This is to acknowledge receipt of your lettei" of
May 7, in which you state that your Subcommittee on Privileges and Elections
plans to hold public hearings on Benton's "Charge No. 2"' against me, namely,
that it was improper for me to sell the rights of my housing I)ook to the Lustron
Corp.
You invite me to testify.
On what point do you desire information?
HEARINGS ON SENATE RESOLUTION 301 33
The following facts are all public information in regard to the sale of my
book :
I held a press conference in 1948 when the sale was completed and announced :
(1) The sale of the housing book;
(2) That Lustron was the buyer;
(3) That Lustron would lie the publisher ;
(4) That the book would be sold for 35 cents per copy ;
(5) That the contract provided that I would keep the book up to date for
5 years, revising it whenever required by any changes in legislation, lending
practices, or other matters affecting housing ;
(6) Tbat I had been working on the book for over a year and that every
line had been checked for accuracy by every Government agency concerned with
housing.
At that time Lustron had been loaned money by the RFC, but was apparently
flourishing and producing an excellent prefabricated house.
During the housing hearings which were held throughout the country, I
found that a vast number of young men were not even remotely aware of how
to take advantage of the many housing aids which we had provided for them
by law. I felt that writing a simple explanatory book so that every young man
who desired to buy or build a home could easily understand how to take advan-
tage of the aids which we had provided for him by law was even more impor-
tant than passing the proper laws. I proceeded to do this task.
Lustron offered a royalty of 10 cents per copy and promised the widest cir-
culation of any of those who were bidding on the book. The Congressional
Record of June 19, 1950, contains the correspondence which I had with a great
number of publishers whom I attempted to interest in putting out this book
at a low retail cost. This correspondence starts on page A-4764. The pub-
lishers' replies boiled down to the statement that they could not afford to pub-
lish such a specialized book at a low cost.
In 1950, after RFC had foreclosed on Lustron, Senator Fulbright's committee
made a thorough investigation of Lustron. Senator Fulbright, who by the
greatest stretch of the imagination could not be considered a friend of mine,
w^as unable to produce any evidence that McCarthy ever directly or indirectly
interceded with any Government agency in behalf of Lustron. The unquestioned
evidence before that committee was that "Senator McCarthy has never been
interested in Lustron, has never interceded for Lustron, has never done anything
to influence any particular thing for Lustron" — page 200, Senate Banking and
Currency Committee, June 26, 1950. The evidence .also shows — page 200 — that
Lustron received $46,000 for the sale of this book with an advertising pamphlet.
Apparently the purchase and sale of this book was Lustron's only profitable
venture.
I understand that even though your investigators have been very painstaking
in their attempts, they have been unable to find even a telephone call I made to
anyone in behalf of Lustron. If the administration knew of a single contact
which I ever made with RFC or any other Government agency in behalf of
Lustron, they would hardly be keeping it secret to protect McCarthy. I am
curious to know what new facts you expect to produce for the benefit of the public
at this public hearing.
Perhaps you are going to produce evidence to show that the day the contract
was signed, November 12, 1948, 10 days after the Republicans lost control of the
Senate and the House and were defeated in the Presidential race, Lustron bought
this book from me because of the tremendous influence which I have with the
Democrat administration. Or perhaps you hope to prove that the preparation
of the book and the contract to keep it up to date for 5 years was worth less than
10 cents a copy. If so, I wonder if you plan on proving that some of the speeches
which a sizable number of yoiu- Democrat friends make and magazine articles
and books which they have written for a fee are worth less than the fee paid.
The announcement that you are holding public hearings after nearly a year of
investigation carries the implication that there is some improper conduct in
connection with the sale of the publication to Lustron. I would like to know
what you claim that iniproper conduct to be. I assume you do not claim it is
improper for a Senator to write a book or magazine article, because if so, you
will have to call many of your Democrat friends before you.
If the "improper conduct" is the sale by a Senator of a book or a magazine
article to an apparently flourishing corporation which has an RFC loan, no
hearing of any kind would be necessary, because there can be no dispute about
the fact that the book was sold to Lustron and that Lustron did have an RFC
34 HEARINGS ON SENATE RESOLUTION 301
loan. Therefore, I assume that I am not unreasonable in asking you what new
facts or proof you expect to produce at the public hearings. Certainly, you
would not be using the hearing merely as a sounding board for more of the
Benton type of smear attacks.
In this connection I call your attention to the fact that Benton, who has
made the complaint, has been selling his publication and films directly to the
State Department. Do you plan upon investigating this matter? Or, like
Benton, do you consider it proper for a Senator to take money directly from a
Government agency but improper to deal with a private firm which has a loan
from a Government agency ?
As chairman of the committee investigating Benton's charges, I am sure you
are aware that Political Affairs, the official Communist Party publication which
sets forth the current tasks and problems of the party, has ordered Commu-
nist Party members to "support the Benton resolution to oust McCarthy from
the Senate" (Political Affairs, October 1951, p. 29). This publication has
been labeled by the House Committee on Un-American Activities as the tlieo-
retical organ of the Communist Party.
Shortly before Benton appointed himself to lead the fight to smear and dis-
credit McCarthy, the Communist Party through its then secretary, Gus Hall
(who has since been jailed) officially proclaimed that all Communist Party mem-
bers must "yield second place to none in the fight to rid our country of the fascist
poison of McCarthyism" (Daily Worker, May 4, 1950).
The Communist Party has officially proclaimed and published in the Daily
Worker that one of its major tasks is to discredit and smear McCarthy out of
public office.
The Communist Party of Washington and Maryland put out a directive to all
members of the Communist Party under the heading, "Unity Can Defeat Mc-
Carthyism." This directive was signed by Philip Frankfeld (who has since
been jailed). It contains the following order to Communist Party members:
"Remember the fact that the main enemy is McCarthyism and all of its work-
ings and direct your main fight against it."
All of the above objectives of the Communist Party have been adopted by
William Benton as his objectives also. You must agree that the aims and ob-
jectives of both the Communist Party and Benton are identical insofar as Mc-
Carthy is concerned. The only question is whether it is knowingly or through
stupidity that Benton is trying to perform what the Communist Party has of-
ficially and repeatedly proclaimed its No. 1 task.
Lenin once said, "We can and must write in a language which sows among
the masses hate, revulsion, scorn, and tiie like toward those who disagree with
us."
I am sure that you would never knowingly allow your committee to serve
the Communist cause. However, the damage ddne is the same regardless of
whether it is knowingly and deliberately done. There can be no question in
your mind or in anyone's mind that this year-long investigation by your sub-
committee would never have l)een commenced if I had not been exposing Com-
munists in Government. Already 10 of those whom I have exposed have either
been convicted or i-emoved under the loyalty program. This is only a small
indication of how badly the Communist Party is being hurt. The Commu-
nists will have scored a great victory if they can convince every other Sen-
ator or Congressman that if ho attempts to exiwse undercover Communists, he
will be subjected to the same type of intense smear, even to the extent of using
a Senate committee for the purpose. They will have frightened away from this
fight a vast number of legislators who fear the political effect of being inundated
by the Communist Party line sewage.
If you have evidence of wrongdoing on McCarthy's part, which would justify
removal from the Senate or a vote of censure by the Senate, certainly you have
the obligation to produce it. However, as you well know, every member of your
committee and staff privately admits that no such evidence is in existence. It is
an evil and dishonest thing for the subcommittee to allow itself to be used for
an evil purpose. Certainly the fact that the Democrat Party may temporarily
benefit thereby is insufficient justification. Remember the Communist Party will
benefit infinitely more.
Sincerely yours,
Joe McCarthy.
HEARINGS ON SENATE RESOLUTION 301 35
Exhibit No. 19 is a letter from Senator McCarthy to Senator Gil-
lette, dated May 8, 1952, and I will read it, Mr. Chairman :
Senator Gut M. Gillette,
Chairman, Suhcommittee on Privileges and Elections,
United States Senate, Washington, D. G.
Dear Senator Gillette : I understand that your subcommittee has decided to
commence holding open hearings Monday on Benton's resolution to expel Mc-
Carthy from the Senate because of his fight to expose Communists in the Demo-
crat administration. I further understand that you have taken no action whatso-
ever on the resolution to investigate Benton.
Before I urged the Senate to vote to continue the life of your subcommittee
vre received your unqualified promise to proceed to investigate the Benton case
just as expeditiously as the attempted expulsion of McCarthy. I now understand
that you have not even so much as suggested that the resolution asking for an
investigation of Benton's activities be referred to your subcommittee; that noth-
ing whatsoever has been done in the Benton case, although weeks have passed
since that resolution was introduced, and you made that promise on the Senate
floor. I understand you excuse your actions to the press by stating that the Rules
Committee had not referred the Benton case to you.
You and Benton are members of the Rules Committee, and, as you well know,
the Democrats have the majority of the votes on that committee and can stall
the Benton case indefinitely without referring it to your subcommittee. I am sure
you will agree that this is a most dishonest evasion of a promise made to and
relied upon by the Senate.
In view of the amount of time and money spent investigating McCarthy, this
stalling in the Benton case cannot help but more firmly convince the American
people that your subcommittee is being dishonestly used as an arm of the Demo-
crat National Committee.
Sincerely yours,
Joe McCartht.
The Chairman. At this point, the committee will recess until — ■ —
Senator Johnson. Mr. Chairman
The Chairman. Just a moment. Senator Johnson.
Senator Johnson. In just a minute, I desire to make a very brief
statement.
The Chairman. Order, please. Photographers, please keep your
cameras quiet and do not use them. Sit down and be quiet until we
recess.
Senator Johnson. Mr. Chairman, on yesterday evening Senator
McCarthy and his attorney, Mr. Williams, called the attention of this
committee to a published article in the Denver Post on March 12,
1954, in which an interview by telephone with me was stated or was
used, and I desire to make a brief statement with respect to that
publication.
The Chairman. You may proceed. Senator.
Senator Johnson. Mr. Chairman, I did not say on March 12, or at
any other time, that I personally loathed Senator Joseph McCarthy.
In response to a telephone call from Denver, I agreed that some of my
Democratic colleagues did not like Senator McCarthy. My March 12
statement, as ])ublished, did not say that I personally loathed Senator
McCarthy. The Flanders speech on the Senate floor, which was the
forerunner of my March 12 statement, pertained to the question
whether or not Senator McCarthy be removed from the chairmanship
of a Senate committee.
My position then and now is that that matter should be decided by
the majority party in charge of the organization of the Senate and
that it was not the business of the Senate Democratic Party at all.
I have full faith in my ability to weigh the charges which have been
36 HEARINGS ON SENATE RESOLUTION 301
made against Senator McCarthy, together with ^Yhatever evidence
may be presented without prejudice.
The Chairman. Thank yon, Senator.
Senator Stennis. Mr. Chairman, may I
The Chairman. Senator Stennis.
Senator Stennis. Mr. Chairman, I want to say that I think the
ruling of the Chair was correct, a while ago, with reference to the
oral argument by Mr. Williams.
I think the request of the Chair that he file a written brief would
be very helpful in this case to the members of the committee and to
the Members of the Senate.
Ordinarily, in a court of law, the declaration or the bill of com-
plaint sets out the facts, and we have the facts before us ; but in this
case, there is no formal bill of complaint, no formal declaration, so I
think it is necessary to first get the facts. It is said that out of the
facts the sound law arises.
Now, after all these facts are in and the brief submitted — and I have
made a note here of the three cases cited from the Supreme Court — it
might be that some might want to hear oral argument on those cases.
I would like to reserve that point now, because I want to go into
it in the brief.
But, first, I think the Chair is eminently correct. We must develop
these facts.
Mr. AViLLiAMS. I might say to the Chair that overnight I shall pre-
pare a brief, and I shall submit it in form so that each member of the
committee shall have a copy of it, in an effort to comport with the
Chair's ruling.
I shall also hope that the Chair, in its wisdom, will see fit, after
consultation with the other members, to permit me a specified amount
of time to make such additional points as I wish.
I would like also to say at this time, if I may, sir, that the record
might be straight in open hearings, I think it should be stated at this
time that at no time has either Senator McCarthy or myself challenged
Senator Johnson's qualifications to sit on this committee.
What we did was to call to the attention of the committee a matter
that was called to our attention exactly 5 minutes before we brought
it to the committee. I felt that as counsel to Senator McCarthy, and
as counsel serving before this committee, I should be derelict in my
duty if I did not bring to the attention of the committee something
upon which the committee might want to take action.
Now, I do not know whether the Chair desires to have read into the
record what I called to the attention of the committee or not. It seems
to me it would be appropriate to have it there so that Senator John-
son's remarks might be viewed in proper context.
What I did call
The Chairman. I do not think it is necessary to this hearing. No-
body has challenged Senator Johnson. He was appointed by the
Senate, and this committee has no authority to remove him or even to
accept a resignation of his from the committee.
Since that is the record, why is it necessary to clutter it up with a
lot of extraneous matter? I rule that we will not follow that sug-
gestion.
Mr. Williams. The only thing we had hoped for, Mr. Chairman,
was this : At least — maybe I am in error — but I was led to believe as I
HEARINGS ON SENATE RESOLUTION 301 37
left the executive session last nigiit — I do not know whether Senator
McCarthy shares my understanding or not — but I was led to believe
that Senator Johnson was going to call the editor who bylined this
story, and either confirm or deny the reported contents thereof.
The Chairman. If it is immaterial to this hearing, what differ-
ence does it make whether he called him or did not call him ? I do not
think it makes any difference whatsoever. We are not trying Senator
Johnson ; no accusations have been made against him, no challenge has
been macle as to him.
Senator McCarthy. Mr. Chairman, I have desisted from making
any comments, so far, and I would like to ask a question, if I may.
The Chairman. Just a moment, Senator. Let us get this clear : I
think the fair interpretation of the rule is that when your counsel
speaks on a matter, that precludes you from addressing the Chair of
the committee on the same matter. If you want to take it over your-
self, why then, you start it, and then we"^ will let you finish it. But we
are not going to permit both of you to argue this matter.
Senator McCarthy. Just a minute, Mr. Chairman, just 1 minute.
Mr. Williams. Senator ]\IcCarthy is really extending a thought
that I had, and that I had suggested to the Chair.
I had come away from the hearing yesterday, feeling that we were
going to get a statement from Senator Johnson either affirming or
denying the story which is reported in the March 12 Denver Post.
Now, I'was not idly curious on that subject. Senator. I felt that I
needed that information in order to intelligently advise Senator Mc-
Carthy as to what position he should take witli respect to this matter.
The Chairman. I would say to you, Mr. Williams, that Senator
Johnson, if he was able to make that telephone communication, will tell
you privately what was the result of the conversation. But I cannot
see why it has anything to do with this matter. There is no challenge.
We have not any authority over Senator Johnson.
Mr. Willia:\ls. I do not have information enough at this time, Mr.
Chairman, to make a challenge. I do not know whether I should
advise Senator McCarthy to make a challenge or not, because I do not
know yet whether or not the reported statements in the Denver Post
are true or are untrue, and I have relied upon the representations made
in executive session as to the source for my information on that subject
today.
The Chairman. I would say that the Chair has already ruled on
this matter that it has nothing to do with the committee. We have no
authority to change the personnel. We could not — it is not maerial
to our investigation.
The personnel have been selected ; members of this committee have
been selected by the Senate itself, and this committee certainly has no
authority under the order set up under the Resolution 301 to remove
any of its members, to consider any challenge to its membership.
Mr. Williams. So that I miglit understand the ruling of the Chair,
it is that we are not entitled to the information as to the truth or
falsity of the statements of March 12 ?
The Chairman. I sav you are entitled to it if vou wish to get it from
Senator Johnson, but I say that it is not material to this hearing and
for that reason I am not going to permit, or should not permit colloquy
to go on back and forth.
38 HEARENGS ON SENATE RESOLUTION 301
Senator Johnson has made his statement, and that is it, and you
have made your statement.
Senator Case. Mr. Chairman — —
The Chairman. Senator Case.
Senator Case. It occurs to me that all of this discussion is immaterial
to the purposes of the inquiry, for the record of this inquiry.
Senator Carlson. Mr. Chairman, I would like to be in a position
The Chairman. Senator Carlson.
Senator Carlson. I confirm Senator Case's remarks, so far as this
particular record is concerned.
Senator McCarthy. Mr. Chairman, I would like to ask one ques-
tion. Are we entitled to know whether or not the quotations of
March 12 are correct or incorrect?
I would like to know whether the Denver Post
The Chairman. You may get it, Senator, and I am going to rule
on this, and I have already ruled, you may get that some other place.
But this committee has no jurisdiction over those matters, whatso-
ever. This committee was appointed by the Senate ; the only condi-
tion laid down was that there would be 3 Democrats and 3 Republi-
cans, and here we are, 3 Republicans and 3 Democrats, and this com-
mittee is not going to take on the job of the Senate and going to decide
whether this committee is a proper committee or not. This com-
mittee is
Senator McCarthy. Mr. Chairman
The Chairman. Just a moment. Senator. You have filed no chal-
lenge; and, in the first place, I believe it is improper for you to do
so, because we have not unj jurisdiction.
Senator ]\IcCarthy. Mr. Chairman, I should be entitled to know
whether or not — —
The Chairman, The Senator is out of order.
Senator McCarthy. Can't I get Mr. Johnson to tell me
The Chairman. The Senator is out of order.
Senator McCarthy. Whether it is true or" false ?
The Chairman. The Senator is out of order. You can go to the
Senator and question and find out. That is not for this committee
to consider. We are not going to be interrupted by these diversions
and sidelines. We are going straight down the line.
The committee will be in recess.
I had announced previously that the committee would recess until
10 o'clock tomorrow morning, and that is the order.
(Whereupon, at 12 : 25 p. m., the committee adjourned to reconvene
Wednesday, September 1, 1954, at 10 a. m.)
HEAEINGS ON SENATE EESOLUTION 301
wednesday, september 1, 1954
United States Senate,
Select Committee To Study Censure Charges
Pursuant to Senate Order on Senate Resolution 301,
Washington^ D. C.
The select committee met, pursuant to notice, at 10 : 10 a. m., in the
caucus room, Senate Office Building, Senator Arthur V. Watkins
(chajrman) presiding.
Present: Senators Watkins (presiding), Johnson of Colorado (vice
chairman), Stennis, Carlson, Case, and Ervin.
Also present: Senator McCarthy; E. Wallace Chadwick, counsel
to the committee ; Guy G. cle Furia, assistant counsel to the committee ;
John M. Jex, clerk of the committee ; John W. Wellman, staff mem-
ber; Frank Ginsburg and Ray R. McGuire, members of Senator
Watkins' staff on loan to the committee; and Edward Bennett Wil-
liams, counsel to Senator McCarthy, with his associates, Agnes A.
Neill and Brent Bozell.
The Chairman. It is with extreme regret and deep sorrow that we
received today the news of the death of Senator Maybank, the dis-
tinguished Senator from South Carolina. He was greatly beloved in
the Senate. He had been there for a long time, had splendid seniority.
We are going to miss him.
His State lost a great man, and the Nation a fine public servant.
By reason of the fact that this hearing had already been set up it
would be very inconvenient to postpone it, and the committee felt
that it should proceed with the hearings as scheduled. However, at
least two members of the committee will be appointed to attend the
funeral when the date is announced.
As a mark of respect the committee will all stand, and we would
like you to stand with us for one ^moment in silence, as a mark of
respect to Senator Maj^bank.
(The committee and the audience stood in silence.)
The Chairman. You may be seated.
I would like to ask at the outset of this hearing today, are the micro-
phones and the amplification system working sufficiently well so that
you can hear in the rear of the room ?
(The response w\as ''Yes.")
The Chairman. The officers at the end of the room indicated that
they are working. We did not know until the latter part of the hear-
ing yesterday that they were not working. We regret that very much.
At the close of yesterday's session a question had been raised, which
the Chair ruled on, and, in amplification of what was said then, I think,
for the benefit of the people of the country, I should at least expand
the statement and the ruling that I made.
39
40 HEARINGS ON SENATE RESOLUTION 301
The question was raised with respect to the qualifications of Senator
Johnson of Colorado to sit as a member of this committee. The ruling
was that he was appointed by the Senate itself; this committee had
no power to remove him ; and there had been no challenge filed against
him ; and even if there had been, this committee was powerless to act
in the matter.
In addition to that, I would like to call attention to the fact that
the connnittee has heard from Senator Johnson — his statement that
was made yesterday in open session. The committee is satisfied that
Senator Johnson can do exactly what he said he could do, that is,
to try this matter fairly and consider the evidence that is brought
before it.
The Constitution of this country provided for a House and a Senate,
our supreme legislative bodies.
In doing that the framers of the Constitution said this in section 5
of article 1 :
Each House shall be the judge of the elections, returns, and qualifieations of
its own Members and a majority of each sliall constitute a quorum to do busi-
ness, but a smaller number may adjourn from day to day.
Some parts of the section are not apropos of what I am going to
say, so I will not read them.
The following paragraph states :
Each House may determine the rules of its proceedings, punish its INIembers
for disorderly behavior, and, with the concurrence of two-thirds, expel a Member.
The foregoing language has been construed to give to each House
of Congress the power to discipline its own Members and to determine
the rules of its proceedings. It has in the past rejected Members who
have come with credentials from a State and have done so for various
reasons which seemed to be sufficient to the Senate.
It has, as I recall, expelled Members.
It has also passed resolutions of censure.
It is the only body that can discipline a IMember for matters that
occur in the Senate, or of his activities, and can take notice of what a
Senator is doing. Courts cannot do it — no one else can do it but the
Senate.
The Senate has to act as a body in the final stages of any proceed-
ing or series of proceedings which have to do with the discipline or
the punishment of any of its Members for misconduct.
No matter what position a Senator may have taken with respect to
any of these matters of expulsion, rejection or discipline, he is en-
titled to vote on that matter. No one can disqualify him. Even if all
the Senators had taken a strong position, saying with reference to
Senator X — let us make it impersonal^ — ^if all of them said that Sena-
tor X was a disgrace to the Senate, that he had done things which were
im])roper, and he ought to be disciplined. Senator X coidd not success-
fully challenge any one of those Senators from sitting and acting on
his case. If he could, if he could disqualify him for that reason, then
there would be no action by the Senate, because all of them except
the Senator himself would be disqualified.
Suppose the Senate was divided evenly on a matter involving Sena-
tor X. Then those who had taken a strong position for Senator X,
if we are goiug to invoke a rule of complete impartiality and com-
plete neutrality, all of those Avho were strongly for him would be
HEARINGS ON SENATE RESOLUTION 301 41
disqualified, and all of those who had spoken against him would be
disqualified, and again the Senate would be impotent, completely
powerless to do the thing the Constitution says that it should do.
Now, a committee is only an arm, an agency of the parent body,
the Senate. None of the six Senators sitting here on this committee
can make any final judgment in the proceedings of this committee
on the matter now before it.
I pointed out, I hoped in a clear way yesterday, that this com-
mittee had taken a position that, in accordance with the order which
was issued that it was to take such testimony as it deems advisable,
that it had concluded that that meant that it was to receive, ferret
out, and search for all evidence that has anything to do with or is
relevant and material to the charges now before this committee and the
Senate, not to eject any parties aside on the matter, but to ferret it all
out.
It is a fact-finding body. In order to accomplish that, we have to do
a lot of preliminary work. We have staff people, investigators. They
go out and search for evidence, because if they did not, the Senate
would have to do it somewhere along the line, and that is the only way
the Senate can act.
Ninety-six Senators could not sit in a body and do that, as a prac-
tical matter, not within the time limit in the resolution, I am sure.
So* they have delegated this committee to take this testimony, to get
it, and it is our purpose, as was announced, to get the testimony
whether it favors Senator McCarthy or whether it is against him or
whether it is just in between, as long as it is relevant and material.
Now, that being the situation, and particularly with respect to the
fact that we cannot make any final judgment, I cannot see how any
legal contention of any shape or form can be made against any member
of this committee that could be maintained as a matter of law or as a
matter of fact.
Men in the profession of law are trained to take an objective point of
view. They sympathize with the man they defend in court, who may
be charged with some vicious crime, and yet a law^yer would go all out,
although he may have horrors of the crime, and he will do his level
best to see that that man has his rights.
You have three members of this committee wdio are lawyers and
who have served as judges.
Now, that is our purpose. And the other members of this com-
mittee are all men of experience. In fact, I did not know until some
time back that some of the others were not lawyers. They have had
enough experience here to know how these matters are handled.
The public at large, many of them, at least, do not seem to under-
stand that we do not render any final decision. We do not find the
accused innocent or guilty. We get the facts and try to get them all ;
we get the arguments on the law and try to get them all, and have them
briefed for us, and then we report to the Senate of the United States,
which is the final court, and I submit that any man who cannot be
disqualified from sitting on that court certainly cannot be disqualified
from sitting on the committee that merely searches for the evidence.
I want to make that clear. I do not know if any member of the
committee has any desire to make comment on it. I shall be glad to
hear from them if they do.
Apparently, no comment is to be made.
42 HEARINGS ON SENATE RESOLUTION 301
I think I might say without the denial or any fear of contradiction
that the committee is unanimous on this matter.
In addition to what I have said — I should say this— the Senate
created the committee, appointed us, and we can find nowhere in our
appointment, our source of authority, the directive of what w^e are to
do, any place where we should pass on the qualifications of the com-
mittee. That was done by a higher body, and it would be presump-
tuous on our part to attempt to do any such thing.
Senator Ervin. Mr. Chairman.
The Chairman. Senator Ervin.
Senator Ervin. You have invited a comment. I would like to say
that I approve 100 percent what you have said. It is apparent that
if the right of a Senator to discharge a senatorial function can be
successfully challenged, then the ability of the Senate to function
under the Constitution of the United States would be paralyzed in
many cases.
The Chairman. Then the committee has made the ruling. We
think the matter is not pertinent or relevant to this case, so we will
go ahead with the testimony and call upon our counsel to read the
minutes.
Mr. Williams. Mr. Chairman.
The Chairman. Mr. Williams.
Mr. W^illiams. So that our legal position in this matter might be
preserved, overnight I have prepared a memorandum stating our
position I think simply and clearly, and I should like to ask the
Chair that this memorandum be incorporated in the record of these
proceedings so that it will be there present for the Senate to con-
sider at the appropriate time.
The Chairman. Do you want the entire letter just as you wrote it
put in the record ?
Mr. Williams. I am interested in having the memorandum in the
record, sir.
The Chairman. Personally, I have no objection to that. I think
the whole matter has been immaterial and irrelevant to these pro-
ceedings. I think we should proceed to carry out the directive given
us by the Senate.
At this moment I think, since this involves the whole committee
and one member of the committee specifically, that I shall reserve
the ruling until a later moment, until I can confer with my colleagues.
Mr. Williams. Mr. Chairman, I want to make it perfectly clear,
sir, that I am not seeking opportunity to argue this matter orally.
All I want is to have our position preserved in the record so that
these proceedings will completely be recorded therein. I just want
our position preserved in the record by an inclusion of this memo-
randum.
Senator Case. Mr. Chairman.
The Cil'lirman. Senator Case.
Senator Case. I had an opportunity to read the statement very
briefly just before coming to the meeting. It seems to me that the
position of the counsel might be preserved without necessarily putting
that statement in the record.
The statement as I read it makes certain statements of fact which
may or may not be provable. I don't know; they may be, but it
HEARINGS ON SENATE RESOLUTION 301 43
seems to me before we agree to insert the statement in the record,
that it should be examined and studied with that thought in mind.
The position of counsel that they wish to preserve the right is
already spoken for the record, and I see no objection to that, but it
seems to me that the statement which incorporates allegations that,
if true, should perhaps be submitted with proof or under oath or
it ought not to be put in until we have a chance to study it.
The CiiAiRMAX. I think that the whole matter should be studied,
because the Chair has already ruled against the offer to place in the
record the newspaper clipping referred to.
As I remember, this memorandum restates it, and I haven't any
reason for, at the moment, changing my ruling on the clipping that
was offered. We will proceed with the hearing.
Mr. Williams. Do I understand the Chair has reserved ruling on
that point?
The Chairman. That was the statement I made,
Mr. Chadwick. Mr. Chairman, resuming the presentation of docu-
mentary evidence in tlie form of the exhibits read from the record
of the Subcommittee on Privileges and Elections to the Committee
on Rules and Administration under Senate Resolution 187 and Senate
Resolution 304, I refer to the exhibit No. 20, which contains the word
"copy" in parentheses, which is dated May 10, 1952, which is a letter
from Senator Gillette to Senator McCarthy, which I now read:
My Dear Senator McCarthy : I acknowledge receipt of your letter of May 8
which was written in response to a letter addressed to you by me as chairman
of the Subcommittee on Privileges and Elections under date of May 7. Your
reply of the 8th states factual matter in connection with the charges made by
Senator Benton in his resolution and which have been listed as "charge No. 2."
You will note from my letter of the 7th that I stated in the concluding para-
graph "I shall extend to you the opportunity to appear at the hearings for the
purpose of presenting testimony relating to this charge. The hearing in this
case will probably continue for several days and we shall make whatever arrange-
ments for your appearance are most convenient for you."
The subcommittee, in determining its further action relative to the Benton
resolution, decided to take up the charges one by one and, if additional evidence
was desired in addition to the staff report that was before us, that the sub-
committee would undertake to develop further testimony where it seemed
desirable to do so. At their meeting on May 7 the subcommittee concluded that
they wished to take some additional testimony with reference to charge No. 2
and fixed next Monday, May 12, as the date for the hearing, at which witnesses
under them could be heard.
It seemed the courteous thing to do to invite you to attend so you could have
full opportunity to present additional evid^ence or, at a later period, to present
any evidence you might wish to make available to us in refutation or explana-
tion of any evidence which you adduced at the hearing. That was the purpose
of my letter to you and you were assured that the opportunity will continue to
be yours to present such matter as you wish to present to us in connection with
this hearing and to attend, if you desire to do so.
I assume also that you would have no objection to having put in the record
of the hearings your letter of the 8th. Unless I receive the request from you
for me not to do so when the hearings are opened next Monday, I shall put in
the record my letter of the 7th addressed to you and your reply of the 8th
addressed to me.
With personal greetings, I am
Sincerely,
Guy M. Gillette.
And initials.
The next is exhibit 21, which is a letter dated May 11, 1952, signed
by Senator McCarthy, and addressed to Senator Guy Gillette, Senator
A. S. Monroney, and Senator Thomas Hennings.
62461—54 4
44 HEARINGS ON SENATE RESOLUTION 301
Gentlemen : I havf learned with regret that your public hearings are to open
tomorrow without the presence of your star witness. You have my deepest
sympathy.
Some doubting Thomases might question the importance of this witness, ex-
cept that after nearly a year of investigating, you and your staff decided that
the public hearings must open with his intelligently presented, clear-cut expose
of the dangers of McCarthyism. The Nation owes you a debt of gratitude for
so carefully and honestly developing this witness who could have advised the
Senate and the voters of Wisconsin to get rid of McCarthy. If only you had
set the hearings 10 days earlier before the judge committed your star witness
to an institution for the criminally insane, you would not have been deprived
of this important link in the chain of evidence against McCarthy.
Some shallow thinkers may say that you gentlemen are dishonest to have
planned to use your committee as a soiuiding board to headline the statements
of a Wiitness after your staff had reported he was mentally unbalanced. I beg
you not to let this distract you from the honest, gentlemanly job you are doing.
Those critics fail to realize that everything is ethical and honest if it is done
to expose the awfulness of McCarthyism. After all, had not your staff reported
that while this witness was mentally deranged, his mental condition would help
to make him an excellent witness for you.
Certainly, you cannot be blamed for not knowing that some unthinking judge
woiild do the country the great disservice of commiting him to a home for the
insane before the committee had a chance to publicize and place its stamp of
approval on his statments about McCarthy. Certainly, you cannot be blamed
for being unable to distinguish between his testimony and the testimony of
the other witness, Benton, who asked for and was given the right to appear
before your committee and publicly "expose" McCarthy.
The Communist Party, which is also doing an excellent job of exposing the
evils of ^McCarthyism, has repeatedly proclaimed that no stone be left unturned
in the effort to remove McCarthy from public life. As Lenin said, "resort to
lies, trickery, deceit, and dishonesty of any type necessary," in order to destroy
those who stand in the way of the Communist movement.
I ask you gentlemen not to be disturbed by those who point out that your
committee is trying to do what the Communist Party has ofBcially proclaimed
as its No. 1 task. You ju.st keep right on in the same honest, painstaking way
of developing the truth. The thinking people of this Nation will not be deceived
by those who claim that what you are doing is dishonest. After all, you must
serve the interests of the Democrat Party — there is always the chance that
the country may be able to survive. What better way could you find to spend
the taxpayers' money? After all, isn't McCarthy doing the terribly unpatriotic
and unethical thing of proving the extent to which the Democrat administration
is Communist ridden? Unless he can be discredited, the Democrat Party may be
removed from power.
Again may I offer my condolences upon your failure to have your star witness
present as planned to open the testimony. Do you not think the judge who
committed him should be investigated?
Sincerely yours,
Joe McCarthy.
Tlie next exhibit is exliibit No. 38 from that report, contaiiiiiio; the
word "copy" in brackets at the liead. It is dated November T, 1952,
and it is addressed to the Honorable Joseph R. McCarthy, United
States Senate, Washington, D. C :
Dear Senator McCarthy : In connection with the consideration by the Sub-
committee on Privileges and Elections of Senate Resolution No. 187, introduced
by Senator Benton on August 6, 1951, as well as the ensuing investigation, I
have been instructed by the subcommittee to invite you to appear before said
subcommittee in executive session. Insofar as possible, we would like to respect
your wishes as to the date on which you will appear. However, the sul)committee
plans to be available, for this purpose, during the week beginning November 17,
1952.
It will be appreciated if you will advise me at as early a date as possible of
the day you will appear, in order that the subcommittee may arrange its plans
accordingly.
Very truly yours,
Paul J. Cotter, Chief Counsel.
PJC : miv.
HEARINGS ON SENATE RESOLUTION 301 45
The next exhibit is exhibit No. 40, a photostat. It is a letter from
Ray Kiermas, administrative assistant to Senator McCarthy. It is
addressed to Mr. Panl Cotter, chief counsel. Subcommittee on Privi-
leges and Elections, United States Senate, Washington, D. C, and
reads as follows :
Dear Mr. Cotter : Inasmuch as Senator McCarthy is not now in Washing-
ton, I am taking the liberty of acknowledging receipt of your letter of
November 7.
I have just talked to the Senator over the telephone and he does not know just
when he will return to Washington. It presently appears that he will not be
available to appear before your committee during the time you mention. How-
ever, he did state that if you will let him know just what information you desire,
he will be glad to try to be of help to you.
Sincerely yours,
(Signed) Ray Kiermas,
Adniinist7-ative Assistant to Senator McCarthy.
RK/dl.
The letter was dated November 10, 1952.
The next exhibit is exhibit No. 41, a letter dated November 21, 1952,
to the Honorable Joseph R. McCarthy, a letter from Tomas Hennings,
Avith quotations from several letters. It is difficult to quickly pick up
the conclusion of it. The letter is as follows :
Dear Senator McCarthy: As you will recall, on September 25, 1951, May 7,
1952, and May 10, 1952, this subcommittee invited you to appear before it to give
testimony relating to the investigation pursuant to Senate Resolution 187.
Under date of November 7, 1952, the following communication was addressed
to you :
"Dear Senator McCarthy: In connection with the consideration by the Sub-
committee on Privileges and Elections of Senate Resolution No. 187, introduced
by Senator Benton on August 6, 1951, as well as the ensuing investigation, I
have been instructed by the subcommittee to invite you to appear before .said
subcommittee in executive session. Insofar as possible, we would like to respect
your wishes as to the date on which you will appear. However, the subcommittee
plans to be available, for this purpose, during the week beginning November 17,
1952.
"It will be appreciated if you will advise me at as early a date as possible of
the day you will appear, in order that the subcommittee may arrange its plans
accordingly.
"Very truly yours,
"Paul J. Cotter, Chief Counsel."
On November 14, 1952, the subcommittee received the following communica-
tion, dated November 10, 1952 :
"Dear Mr. Cotter : Inasmuch as Senator McCarthy is not now in Washington,
I am taking the liberty of acknowledging receipt of your letter of November 7.
"I have just talked to the Senator over the telephone and he does not know
just when he will return to Washington. It presently appears that he will not
be available to appear before your committee during the time you mention.
However, he did state that if you will let him know just what information you
desire, he will be glad to try to be of help to you.
"Sincerely yours,
"Ray Kiermas,
"Administrative Assistant to Senator McCarthy."
The subcommittee is grateful for your offer of assistance, and we want to
afford you with every opportunity to offer your explanations with reference to
the issues involved. Therefore, although the subcommittee did make itself
available during the past week in order to afford you an opportunity to be heard,
we shall be at your disposal commencing Saturday, November 22 through, but not
later than, Tuesday, November 25, 1952.
This subcommittee has but one object, and that is to reach an impartial and
proper conclusion based upon the facts. Your appearance, in person, before the
subcommittee will not only give you the opportunity to testify as to any issues
of fact which may be in controversy, but will be of the greatest assistance to the
46 HEARINGS ON SENATE RESOLUTION 301
subcommittee in its effort to arrive at a proper determination and to embody in
its report an accurate representation of tlie facts.
Pursuant to your request, as transmitted to us through Mr. Kiermas, we are
advising you that the subcommittee desires to make inquiry vpith respect to the
following matters:
(1) Whether any funds collected or received by you and by others on your
behalf to conduct certain of your activities, including those relating to com-
munism, were ever diverted and used for other purposes inuring to your personal
advantage.
(2) Whether you, at any time, used your official position as a United States
Senator and as a member of the Banking and Currency Committee, the Joint
Housing Committee, and the Senate Investigations Committee to obtain a $10,000
fee from the Lustron Corp., which company was then almost entirely subsidized
by agencies under the jurisdiction of the very committees of which you were
a member.
(3) Whether your activities on behalf of certain interest groups, such as
housing, sugar, and China, were motivated by self-interest.
(4) Whether your activities with respect to your senatorial campaigns, par-
ticularly with respect to the reporting of your financing and your activities
relating to the financial transactions with and subsequent employment of Ray
Kiermas, involved violations of the Federal and State Corrupt Practices Acts.
(5) Whether loan or other transactions which you had with the Appleton
State Bank, of Appleton, Wis., involved violations of tax and banking laws.
(6) Whether you used close associates and members of youi^ family to secrete
receipts, income, commodity and stock speculation, and other financial trans-
actions for ulterior motives.
We again assure you of our desire to give you the opportunity to testify, in
executive session of the subcommittee, as to the foregoing matters. The S2d
Congress expires in the immediate future and the subcommittee must necessarily
proceed with dispatch in making its I'eport to this Congress. To that end, we
respectfully urge you to arrange to come before us on or before November 25,
and thus enable us to do our conscientious best in the interests of the Senate and
our obligation to complete our work. We would thank you to advise us imme-
diately, so that we may plan accordingly.
This letter is being transmitted at the direction and with the full concurrence
of the membership of this subcommittee.
Sincerely yours,
Thomas C. Hennings, Jr., Chairman.
with initials.
The date of the letter which I have just read is November 21, 1952.
I turn aside at this point from the sequence of the exhibits quoted
from tlie H-H-H report — —
The Chairman. And when you say "H-H-H report," what are you
referring to, Mr. Chadwick ?
]Mr. Chadwick. I refer to the report heretofore mentioned, the re-
port of the Subcommittee on Privileges and Elections to the Commit-
tee on Rules and Administration in the investigation pursuant to
Senate Resolution 187 and Senate Resolution 304.
The Chairman. And which Congress ?
Mr. Chad-\vick. The 82d Congress, I think.
Tlie Chairman. And what does tlie "H-H-H" stand for?
Mr. Chadwick. The initials of the three members of the subcom-
mittee who signed the report.
The Chairman. Please name them.
Mr. Chadwick. Hennings, Hayden, and Hendrickson.
The Chairman. Proceed.
Mr. Chadwick. I have in my hand an original telegram addressed
to Senator Joseph McCarthy which was produced at my request this
morning by his attorneys and delivered pursuant to an informal call,
and I understand — Mr. Williams is listening — that he is willing to
HEARINGS ON SENATE RESOLUTION 301 47
enter into a stipulation that this telegram shall be read into evidence
at this time.
Mr. Williams. Yes, sir.
The Chairman. Will you speak louder, Mr, Williams, for the
record. .
Mr. Williams. My microphone is dead, Mr. Chairman. That is
why you can't hear me. Yes, I have agreed that that telegram may be
read into the record as authentic and as having been received on the
day which it purports to have been received on.
Mr. Chadwick. Thank you, sir. Reading the telegraphic script at
the top, it is an instrument with the number MA820M.WA237 Long
Govt, NLPW — Washington, D. C, 21, Senator Joseph McCarthy,
Appleton, Wis. :
Today you were advised by letter delivered by hand to your oflace of the prin-
cipal matters which the subcommittee desires to interrogate you in furtherance
of your express desire transmitted to the committee by your administrative
assistant that —
and a false letter —
Mr. Ray Kiermans under date of November 10. The subcommittee appreci-
ates your willingness to help in the completion of the work in connection with the
Investigation of Resolution 187 and the investigations predicated thereon. Your
prompt appearance before the subcommittee can save the Government much
effort and expense. We are sure that you want to be of help to us in arriving
at a proper determination of the issues in controversy. We are, therefore, at
your disposal in executive session and for your convenience suggest that the
subcommittee is available to you commencing with tomorrow, Saturday, No-
vember 22, but not later than Tuesday the 25th, to enable the subcommittee to
hear you and allow time thereafter to prepare the subcommittee report.
Senator Benton has also been notified to appear by similar communication.
This action is being taken at the direction and with the full concurrence of the
committee members.
There is a typed signature to the telegram, the customary form,
"Senator Thomas C. Hennings, Jr., chairman, Senate Subcommittee
on Privileges and Elections," and final typed memorandum is not sig-
nificant to me," 187 22 25."
Senator Case. Mr. Chairman?
The Chairman. Senator Case.
Senator Case. I should like to ask counsel whether there is any
notation or identification on the telegram to indicate the date of its
delivery.
Mr. Chadwick. The Senator no doubt heard the date, which is the
21st.
Senator Case. That is the date of the transmission.
Mr. Chadwick. That is true, sir.
Senator Case. Is there any stamping or other indication on the
telegram to indicate the time of its delivery ?
Mr. Chadw^ick. Senator, I have already read, without asserting
the significance, from the telegram "187 22 25." I do not think that
answers your question.
However, at the head of the telegram in purple ink by stamp ap-
pears the following matter : "1952 November 22 A. M. 8 12."
Senator Case. May I see the telegram, please?
Mr. Chadwick. Yes.
Mr. Chairman, it appears to me that the stamping in reddish purple
ink reads "1952, November 22, A. M. 8 : 12."
48 HEARINGS ON SENATE RESOLUTION 301
In the black stamp at the top of the telegram is "Rec'd December 1,
1952."
The Chairman. Since there has been a stipulation with respect to
this telegram, I direct an inquiry to Mr. Williams: Do you have any
data which would help us identify the date on which it was delivered
or received by Senator McCarthy ?
Mr. Williams. I have not at this time, sir. I was just asked about
the telegram last night at 11 : 30, and I ferreted it out of the files so
that Mr. Chadwick might have it this moi'iiing.
I have not consulted with Senator McCarthy as to his recollection
as to when it was received, so I cannot help the committee at this time,
but I will be glad to consult with him further this morning.
Senator Case. Mr. Chairman, I would like — pardon.
]Mr. Williams. I will direct his attention to this telegram, and ask
him if he has an independent recollection on this subject.
The Chairman. I assume that the exact date of the delivery of the
telegram is not too important ; at least, it was delivered, because it was
produced by Senator McCarthy.
Senator Case. Mr. Chairman, there is some significance in the de-
livery date of the telegram.
The Chairman. Senator Case.
I am advised by the operator of the amplifying equipment that only
two microphones can be on at a time, and if you will wait until I indi-
cate who is to speak then he will turn on the microphone for that
particular one.
This amplifying system is not working any too well, so we have to
watch that, otherwise you may speak into a dead microphone.
Now, proceed. Senator Case.
Senator Case. ]Mr. Chairman, the significance of the delivery dates
of the telegrams is this : That it was ai:)parent on reading exhilDit No.
42, as it appears in the so-called H-H-H Report that the telegi-am
which appears in the print of the committee report as exhibit No. 42
was incorrectly placed, if it was sent, because it follows the letter of
November 21, and the telegram that appears in tlie print invites
Senator McCarthy to appear before the committee on November 20.
That obviously was in error, in some date or something of that sort,
so, in endeavoring to run that down, it appeared to me, that the tele-
gram, which shows as exhibit No. 42, if sent, should have been sent on
the 14th of November, because the first sentence of it refers to "having
received the reply of your administrative assistant received today,"
and the letter of November 21, 1952, recites that on November 14, 1952,
the subcommittee received the following communication, which was
the letter from Senator McCarthy's assistant.
Consequently, I suggested to counsel yesterday, after noting this,
that there must have been some other wire that was referred to in the
letter whicli appears as exhibit No. 44, by Senator IMcCarthy, dated
November 28, wdiich is not yet read for the record, but when it is it
will be noted that it says :
I just received your wire of November 22 in which you state you would like
to have me appear before your committee between November 22 and 2.").
Obviously, if he just received it on the 28th of November, he could
not have appeared before the committee sometime between November
22 and 25.
HEARINGS ON SENATE RESOLUTION 301 49
I was wanting to determine if the telegram did show the receipt on
that date or a prior date. All I know is that from the stamping of
the telegram — there are two stampings to which attention has previ-
ously been called — in the reddish purple ink, of November 22, a. m.
8 : 12. That may have been the time that the telegram was received
by the Western Union. But above in black ink is stamped "received
December 1, 1952," so maybe that does not shed too much light, but it
seems to me it would be
The Chairman. It may possibly be cleared up when the other
exhibits are placed in the record. At any rate, this exhibit will now
be received in tlie record.
Mr. Williams. May I see that exhibit, Mr. Chairman ?
The Chairmax. You may, sir.
You may proceed, Mr. ChadAvick.
Mr. Chadwick. Mr. Chairman, I refer to exhibit No. 44, in the se-
quence of exhibits, which we are reading. This is a letter signed by
Senator McCarthy, and addressed to Senator Thomas C. Hennings,
Jr., chairman, Subcommittee on Privileges and Elections, Senate
Office Building, Washington, D. C, and is dated November 28, 1952.
It reads as follows :
Senator Thomas C. Hennings, Jr.,
Chairman, Subcommittee on Privileges and Elections,
Senate Office Building , Washington, D. C.
Dear Senator Hennings : I just received yoiir wire of November 22 in which
you state you would like to have me appear before your committee between
November 22 aud 25.
As you were informed by my office prior to the time you sent this wire, I was
not expected to return to Washington until Tliursday, November 27, on which
date I did return.
Sincerely yours,
Joe McCarthy.
Mr. AViLLiAMS. That is' also signed.
Mr. Chadwick. Yes, it is signed by Senator Joe McCarthy.
Senator Case. Mr. Chairman, obviously, if he did not receive the
wire until after the date that he was asked to appear he could not
be in contempt for failing to respond to it.
That was my only purpose in bringing out the significance of the
date there.
I thinlv it should be determined when the telegram was received
It makes quite a bit of difference. He did not have the physical
opportunity to appear on the suggestion.
The Chairman. You may proceed.
Mr. Chadwick. I desire to make this statement in fairness to all
parties particularly because the exhibits from which we are quoting
are available in public form.
There was among the number an exhibit No. 42 which was also a
Western Union telegram. It was a telegram from Senator Thomas C.
Hennings addressed to Senator McCarthy at three different addresses.
We have made the most careful possible investigation, Mr. Chair-
man, and we cannot convince ourselves that that telegram was neces-
sarily sent; neither do we wish to be understood as stating that it
was not, but we are not presently in position to establish that it was
sent.
We also think that a date which would have attached to that tele-
gram, if it had been sent, was probably the 14th of 1952.
50 HEARINGS ON SENATE RESOLUTION 301
The Chairman. The 14th of what month ?
Mr. CiiADwiCK. The 14th of November.
Mr. Williams. I want to say this, if I may, Mr. Chairman.
Last night when Mr. Chadwick called me he asked me to produce
the telegram which I have in fact produced this morning here.
At tliat time he told me that there was some doubt as to the au-
thenticity of the telegram which appeared in the report over Senators
Hennings', Hendrickson's, et cetera's signatures, in other words, he
had some doubt as he just expressed as to whether that telegram was
in fact ever sent. Of course, it is significant that bears no date as
is shown in the report itself.
I have combed Senator McCarthy's files this morning in an effort
to supply this.
I want to tell you this, Mr. Chadwick, so that you will have further
light on this subject, I find no copy of such a document as appears in
this report here, so that your conviction as expressed to me that this
telegram was probably never sent is certainly supported by our
search of the files.
Mr. Chadwick. Do I understand that you said to me that you
have no original, or, in other words, telegraphic copy of the telegram?
Mr. WiLLiABis. That is right.
Senator Case. Assistant counsel is sitting at my left, and he has a
folder here which I understand is a folder from the files of the so-
called Hennings committee. And in it appears a typewritten draft
of a telegram which is identical in wording to the purported exhibit
No. 42 in the Hennings report.
There are an original and four copies of that telegram. And on
the face of the original is written in pencil the words "not sent."
I think that would confirm the fact that probably it has not been
sent. This is from the stapled files here from the Hennings com-
mittee.
If the record is to be accurate, it seems to me that it ought not to
be suggested that the telegram, or what purports to be a telegram,
which is exhibit No. 42 in the Hennings report — it ought not to be
indicated that it ever was sent unless there is some evidence that it
was.
The Chairman. The record at the moment, as I understand it, says
that there was doubt as to whether it was ever sent or not, and I assume
that from the standpoint of the evidential v;alue, it would be considered
that it was not sent.
Mr. Chadwick. My phraseology on that was dictated by a sense of
precaution. This is a carefully prepared telegram, and it does con-
tain in notation the words "not sent," which I thougkt was strong
evidence that this telegi'am could not be sent. But I could not affirm
that another telegram of substantially the same phraseology or even
this same phraseology had not been sent, and we desire to be allowed
to continue our investigations on it so that we may have the final proof.
Mr. Williams, may I borrow back the telegram which I redelivered
to you ?
The Chairman. That would be in the record, and would be one of
the exhibits. So it belongs in the committee files now.
Mr. Chadwick. I desire to offer in evidence and have marked by the
stenographer as "Committee Exhibit No. 1" the telegram which has
HEARINGS ON SENATE RESOLUTION 301 51
been read, being a telegi-am dated Washington, 21st, addressed to Sen-
ator McCarthy, and signed by Senator Gillette.
Mi\ Williams. What date was that again, Mr. Chadwick?
Mr. Chadwick. It is the telegram which contains the word "21," and
underneath it, 1952, November 22, a. m. 8 : 12.
Mr. Williams. And would you read to me again the date on which
that purports to have been received ?
Mr. Chadwick. It contains at the top, by stamp, Received, Decem-
ber 1, 1952, and for further identification, it contains figures and
initials which are no doubt telegraphic detail which we cannot explain,
31381, SVC.
Mr. Williams. Now, do I understand that that telegram is being
offered in lieu of the one which appears on page 99 of what we will
call the Hendrickson, Hennings, Hayden report of exhibit No. 42?
Mr. Chadavick. I cannot confirm the "in lieu of." It is offered as a
telegram in the exchange of correspondence which has been heretofore
read. We did not offer or read the exhibit No. 42, which is tlie tele-
gram referred to by Senator Case and which contains on its face in
pencil the statement, "Not sent."
The Chairman. Counsel advised the chairman that that is the
telegram, Mr. Williams, that was read.
It will be received in evidence as a part of the committee files.
(The telegram referred to was marked "Committee Exhibit No. 1"
and will be found in the files of the committee.)
The Chairman. We will pause in the deliberations here for a few
moments so that one of the exhibits may be examined.
Mr. Chadwick. Mr. Chairman, I will proceed with the reading of
exibit No. 45, on the letterhead of the United States Senate. It is
dated December 1, 1952. It is addressed to Senator Thomas C. Hen-
nings, Jr., chairman of the Committee on Privileges and Elections, and
it is signed at the end, "Sincerely yours, Joe McCarthy."
Dear Mr. Hennings : This is to acIi:nowledge receipt of yours of November 21
in which you state that your object is to reach an "impartial and proper conclu-
sion based upon the facts" in the Benton application, which asks for my removal
from the Senate.
I was interested in your declaration of honesty of the committee and would
like to believe that it is true. As you know, your committee has the most unusual
record of any committee in the history of the Senate. As you know two members
of your staff have resigned and made the public statement that their reason for
resignation was that your committee was dishonestly used for political purposes.
Two Senators have also resigned. One, Senator Welker, in the strongest possible
language indicted your committee for complete dishonesty in handling your
investigation. Senator Gillette also resigned without giving any plausible reason
for his resignation from the committee. Obviously, he also couldn't stomach the
dishonest use of public funds for political purposes. For that reason it is diffi-
cult for me to believe your protestations of the honesty of your committee.
I would, therefore, ordinarily not dignify your committee by answering your
letter of November 21. However, I decided to give you no excuse to claim in
your report that I refused to give you any facts. For that reason you are being
informed that the answer to the six insulting questions in your letter of November
21 is "No." You understand that in answering these questions I do not in any
way approve of nor admit the false statements and innuendoes made in the
questions.
I note with some interest your reference to my "activities on behalf of certain
special interest gi-oups, such as housing, sugar, and China." I assume you
refer to my drafting of the comprehensive Housing Act of 1946 which was passed
without a single dissenting vote in the Senate, either Democrat or Republican.
Neither you nor any other Senator has attempted to repeal any part of that
Housing Act. Or perhaps you refer to the slum-clearance bill which I drafted
52 HEARINGS ON SENATE RESOLUTION 301
and intvoduced in 1048, which slum-clearance bill was adopted in toto by the
Democrat-controlled Senate in 1949.
When you refer to sugar, I assume you refer to my efforts to do away with
your party's rationing of sugar, as I promised the housewives I would during
my 1946 campaign. If that were wrong, I wonder why you have not introduced
legislation in the Democrat-controlled Senate to restore sugar rationing. You
have liad 2 years to do so.
I thought perl)aps the election might have taught you that your boss and mine —
the American people — do not approve of treason and incompetence and feel that
it must be exposed.
You refer to the above as "special interests." I personally feel very proud
of having drafted the Housing Act in 1948 which passed the Congress without a
single dissenting vote — a Housing Act which contributed so much toward making
it possible for veterans and all Americans in the middle- and low-income groups
to own their own home. Likewise, I am proud of having been able to fulHll
my promise to American housewives to obtain the derationing of sugar. I proved
at the time that rationing was not for the benefit of the housewives but for the
commercial users.
I likewise am doubly proud of the part I played in alerting the American
people to your administration's traitorous betrayal of American interests through-
out the world, especially in China and Poland.
You refer to such activities on my part as "activities for special interests." I
am ciirious to know what "special interests" you mean other than the special
interest of the American people.
This letter is not written with any hope of getting an honest report from your
committee. It is being written merely to keep the record straight.
Sincerely yours,
Joe McCarthy.
With initials.
That, sir, completes the record of the exhibits of letters in connec-
tion with the presentation of onr point I.
The Chairmajst. Now, Mr. Chaclwick, have you proceeded to ex-
amine the Congressional Record with reference to further matters
pertaining to the subject or the incident referred to in category I ?
Mr. Chadwick. We have, sir, and I request the committee to take
judicial notice of the Congressional Record, Senate, August 2, 1954,
page 12318, with the following quotations :
Mr. Hennings. He was invited 5 times, but did not appear before the sub-
committee upon any occasion except 1, and that was in order to testify with
respect to a resolution which the junior Senator from Wisconsin himself had
introduced in order to investigate another Senator, former Senator Benton of
Connecticut.
That is evidence that Senator IMcCarthy had not appeared in reply
to the invitations which have been read.
Similarly, I asked the committee-
The Chairman. You may proceed to read-
INIr. Chadwick. To read from the Congressional Record ?
The CiiAiRMAx. We will take judicial notice of the Congressional
Record of the quotations you have read. Give the date and the jxige.
Mr. Chadwick. From the Congressional Record of the Senate,
August 2, 1951, at page 12331.
JNIr. Williams. Mr. Chairman, I do not want my silence on this to
be construed as an acquiescence to the general principle that excerpts
can be taken from the record of Congress, statements made on the floor
of the Senate by any other Senator, and introduced in this record as
competent evidence ; we have not objected to the particular statement
involved because we feel that it is not prejudicial in any way.
But I do not want my silence to be construed as an acquiescence of
the evidentiary principle.
The Chairman. You may proceed.
HEARINGS ON SENATE RESOLUTION 301 53
Mr. Chadwick. In the interests of fairness
The Chairman. Have you given tlie date and page ?
Mr. Chadwick. I did, sir.
I desire to say tliis is read on our part in the interest of fairness
and accuracy for the purpose of ])utting into tlie record Senator
McCarthy's statement on the subject of the Lustron matter, lest it
appear or be thought that he made no reply to the matter in any
particular.
The Chairman. You may read it.
Mr. Chadwick (reading) :
Mr. McCarthy. So many misstatements have been made about the Lustron
matter, that I wonder whether the Senator from Idaho would like to have me give
him the facts in that case, if I may.
I had been writing, and I wrote, the Housing Act of 1948. I took up with the
special House committee the question on whether we should do something to try
to bring to the attention of the young veterans the various aids which Congress
had provided for them. The committee did not manifest any enthusiasm in
response to my suggestion.
I then wrote, with the aid of some very able AVashington newsmen, what I
thought was a complete, thorough dissertation on what aids were available and
liow they could be obtained.
Incidentally, I offered it to some of the magazines which today are screaming
about this matter. I offered it to them free of charge if they would publish it.
But they did not. I received offers from various corporations in the housing
business, who wanted to publish it. Lustron made what I thought was the best
offer at the time. Of course, later on Lustron went bankrupt. The Lustron offer
was 10 cents a copy for the first 100,000 copies, and 5 cents a copy for each suc-
ceeding copy. The testimony of the head of Lustron Corp., when he appeared
before the Banking and Currency Committee, was, as I recall, that that was one
of the few projects upon which they made money. They lost money and went
bankrupt on the others. But they made some money on that, at the rate of 10
cents a copy.
I may say that if I were embarrassed at all regarding the Lustron deal, it
would be because my efforts were worth only 10 cents a copy.
Mr. Chairman, that concludes the matters to which I and the staff
presently desire to call the attention of the committee on point No. 1 of
the matters which came under the notice which you gave.
With your consent, my associate will proceed with the presentation
of the matters under point No. 4.
Mr. Williams. Mr. Chairman.
The Chairman. Mr. Williams.
Mr. Williams. Before we leave category No. 1 of the charges I
would like to call certain facts to the attention of the committee which
I think cast grave doubt on the relevancy, materiality of all of this
evidence.
Of course, I do not propose to speak in the face of your ruling of
yesterday that I should submit a legal brief on the law. I do not pro-
pose to discuss the law at all.
I propose to discuss certain facts which are now of record which cast
grave doubt on the materiality of everything that has been offered.
The Benton resolution, which was Resolution No. 187, introduced
in the 82d Congress calls, as I understand it, for an investigation of
Senator McCarthy looking toward his expulsion from the Senate.
The significant thing about that resolution is that it was never passed
by the Senate.
I Avill stand on this statement, this is the first time in the history of
the United States when a resolution looking toward the expulsion of
a United States Senator was passed authorizing hearings without a
54 HEARINGS ON SENATE RESOLUTION 301
vote by the Senate. I use tlie term "passed." It was never passed. It
was simply referred to the Rules Connnittee, and the Rules Committee
in turn referred it to the Subcommittee of the Committee on Rules and
Administration. That is significant.
The second significant thing about this resolution which in my
opinion invalidates the whole proceeding pursuant thereto is this, that
nowhere contained in that purported resolution, which was never acted
upon by the United States Senate, but which nevertheless calls for a
hearing looking toward the expulsion of a Senator, in an unprece-
dented form — that resolution contained no allegations, no charges, no
averments of any kind against Senator McCarthy as it was in its
original form.
So unconscionable did the Senate of the 83d Congress think it was,
that a resolution even calling for censure of another Senator did not
have specifications, allegations, and averments, that it voted 75 to 12,
to require the filing of specifications and averments, and the reference
of those specifications to this committee.
That was the way the 83d Congress deported itself, because it
followed all of the precedents of the Senate.
The other sigiiificant thing about this resolution as it now appears
of record, first of all, it was never passed by the Senate; secondly,
it had no allegations or specifications against Senator McCarthy,
The other significant thing is that the resolution specifically author-
izes the committee to investigate Senator McCarthy from the time
of his election to the Senate in 1946, and I dare say that 40 percent
of the report of which this committee can take judicial notice, as
I understand its rules, pertains to matters that antedated his election
to tlie Senate, because this committee as evidenced by its own report
conducted a cradle-to-1952 investigation of Senator McCarthy.
Many of the matters referred to in the report go back so far as
6, 8 years before his election to the Senate.
Therefore, the committee in its report as evidenced by the very
record which has been referred to here this morning w^as acting
outside of the scope of its authority from its first day.
Another thing was this, that it is evident now from the record
as introduced here this morning. Senator McCarthy, as the record
indicates, requested the right in the expulsion proceeding which
Senator Benton had initiated to appear in the hearing and confront
his accusers and cross-examine them.
Again I say that the history of the Senate shows tliat a proceeding
looking toward censure and expulsion is a judicial proceeding. The
prececlents are so numerous that I will not bore this committee by
alluding to tliem, but everything that has ever been written about
article I, section 5, of the Constitution, every authority who has ever
written a single line about it, has said that a proceeding thereunder
is a judicial proceeding, and the minimum safeguards that adhere
to any accused in any judicial proceeding adhere to the defendant
in an expulsion or censure proceeding. And those minimal safe-
guards that adhere to any judicial function are the right to be
apprised of the charges against the accused and the right to face his
accusers, and to cross-examine them, to test their credibility in the
crucible of cross-examination.
I want to point out that from the very record that has been intro-
duced in this proceeding over the past 2 days it is evident, No. 1,
HEARINGS ON SENATE RESOLUTION 301 55
that there was no authority from the Senate for the conduct of the
hearings at the start.
No. 2, there was no specification of charges.
No. 3, there was a denial of the right to cross-examine by the Gil-
lette committee, so that the committee was operating in an unprece-
dented manner that flouted every case that ever had been decided by
the United States Senate from 1792.
Furthermore, the resolution clearly, unequivocally, and unmis-
takably states that they are authorized only to expend funds to inves-
tigate Senator McCarthy from the date of his election. And yet the
report, the so-called Hennings, Henclrickson, and Hayden report,
shows, from even a cursory reading, that the committee was con-
cerned with things far, far outside the scope of its resolution ; so that
if the statement were made that that committee was acting in an
unauthorized way and that it was expending funds of taxpayers in an
unauthorized fashion, that statement, by the very record that is before
us, was true, and true in all respects.
JFurthermore, from even a cursory reading of this proceeding, it
is clear that although Senator Benton
The Chairman. Just a moment, Mr. Williams. You referred to
that report a number of times ; and since you have been and are con-
sidering it as a base, I think probably we will consider the matter of
having the whole report made a part of the record.
Mr. Williams. The part that I am alluding to, sir
The Chairman. Is the report on S. 183 of the 82d Congress, as I
recall.
Mr. Williams. Yes, sir.
Now, may I say this : Although there are no charges, and although
there were no specifications, and although there was not a single alle-
gation against Senator McCarthy in the original resolution looking
toward his expulsion, Senator Benton did appear before the Hayden-
Gillette committee — I believe he appeared on September 28, of 1951,
if my memory serves me — and he did in fact outline 10 cases on
Senator McCarthy to that committee.
The significant thing about the report is that on all the sworn
evidence that that connnittee heard only four pages of this volume
are devoted to it. The rest of this volume that I hold in my hand,
A\hich is the Hayden report, the Hennings report, and the Hendrick-
son report, if you will, is devoted to unsworn hearsay statements,
never taken under oath, of staff investigators. That was the kind of
judicial proceeding that that committee conducted, looking toward
the expulsion of a United States Senator.
The Chairman. Mr. Williams
Mr. Williams. And it is our position, sir-
The Chairman. JiLst a moment, Mr. Williams.
I do not mind giving you the time to make the statement, but we
are not trying over again the matters that were set forth in the so-called
Hayden report and Senate Resolution 187. I stated at the outset that
we were not concerned with whether those charges contained in that
resolution were true or false. The matter we were conducting our
investigation on is the charge of contempt w^ith respect to the Senate
committee; whether it made any report or not or w^hether the Senate
had done anyhing about it is not at issue here.
56 HEARINGS ON SENATE RESOLUTION 301
But I call 3^oiir attention also — if I can comment on that while you
are at it — the Senate did pass without a dissenting vote on April 8,
1952, Senate Resolution 300, which, in effect, as we construe it, con-
firmed and approved the activities of the committee to that point, and
also confirmed the jurisdiction.
INIr. Williams. My point is this, INIr. Chairman
The Chairman. And that, as I understand, was submitted for the
very purpose of testino- out the things we have just been talking about,
and the committee takes judicial knowledge of the fact the Senate
by a unanimous vote has in effect apparently passed upon what you
were talking on.
Mr. Williams. Let us assume that that, sir, is in all respects cor-
rect. If you can concede that the Senate's action on the date which
you just recited was a retroactive authority to this committee, none-
theless it does not give the committee wider authority than the Benton
resolution originally gave it, and the Benton resolution originally
authorized an investigation of Senator McCarthy only from the time
that he was a Senator, whereas the report shows that this committee
was concerned with matters that antedated by 6 to 8 years his senatorial
career.
The Chairman. Let me ask you this question : As I recall, much
of the investigation — now that is not in evidence yet, and, of course,
you are talking about something that is not even in evidence, that
report — but as I recall, there were quite a large number of matters
mentioned in that same report with respect to which the connnittee
investigated that postdated the election of Senator McCarthy in 1946.
Mr. Williams. May I have just a minute, Mr. Chairman?
Mr. Chairman, if I may conclude my thought, the vote on the Senate
floor, which I understand was 60 to nothing, can in no way as I under-
stand it be construed as a ratification of what the committee had
theretofore done.
It may have been a ratification of the original resolution under
which they purported to operate, but I direct your attention, sir, to
the fact that the original resolution carefully delimits and delineates
the scope of the investigation whicli the committee far, far exceeded.
The CiTAiRiNiAN. Well, of course the resolution itself is in the record,
and that will be considered by the committee in going over the evidence
which is submitted. It was placed in the record, and I indicated at
the beginning, it was done so Avhether it helped or hurt.
Mr. AViLLiAMS. Yes, sir; that is why we want all the facts to come
out, too.
The Chairman. They are in the record, sir.
Mr. Williams. The sole purpose of my remarks, Mr. Chairman,
was to call the connnittee's attention to all of this evidence, because
I feel, whetlier or not the committee was operating validly or in-
validly, within or without the scope of its authority, has a gi*eat
deal to do with the relevancy and germaneness of wlmt has been
offered lieretofore, and my only purpose in calling these facts to the
attention of the committee in this way was to show as best I could
in a very cursory way the fact that this whole proceeding was invalid,
sir, because it contravened all the precedents of the Senate.
They conducted a judicial proceeding with unsworn testimony.
They included in the recoi'd things on which they had no evidence.
The}' ])ut in the record reports, hearsay reports of staff reporters, and
HEARESIGS ON SENATE RESOLUTION 301 57
I say that 48 out of 52 pages of the report are wholly and exclusively
predicated upon unsworn hearsay evidence.
No witness appeared before that committee to support 48 pages
of findings out of 52 pages of findings. The only testimony that is
supported by sworn testimony is the testimony on four pages which
Senator Benton himself gave, so I say, sir, that never in the history
of the United States Senate has an expulsion proceeding been con-
ducted without any charges, without any right to cross-examine, out-
side the scope of the delineated authority, and finally on unsworn
hearsay reports of staff investigators, never taken either in executive
session or in open session.
The Chairman. Well, that may be one of the matters the Senate
will want to consider, but of course we have the record. Whether it
finally shows actions constituting contempt in other matters that are
being charged or not, that is one of those things we will bring to the
attention of the Senate, and we bring in that testimony because this
is the means the Senate adopted for getting all the information so that
it can decide that very question.
Now I call your attention, so that the record will be complete on
this matter, not necessarily because it is needed but I think it ought to
be referred to, to this; the last part of the so-called Benton resolu-
tion, Senate Resolution 187, has this to say, and I start on line 4 on
page 4 of the print that was before the Congress :
and to make such further investigation with respect to the participation of
Senator Joseph R. McCarthy in the 1950 senatorial campaign of Senator J'olin
Marshall Butler, and such investigation with respect to his other acts since his
election to the Senate, as may be appropriate to enable such committee to
determine whether or not it should initiate action with a view toward expul-
sion from the United States Senate of the said Senator Joseph R. McCarthy.
Now that is rather a blanket charge to make some investigations to
say whether or not there should be charges filed. That is a far differ-
ent matter than what you have been talking about.
And may I say that no matter how weak the case may have been —
and I am not saying it was because I am not passing judgment on
that — still the fact that a Senate committee was considering it, and
through a series of letters and telegrams was attempting, to get Sena-
tor McCarthy there, and through a series of answers and letters to that
committee he said some things with respect to the committee, whether
they were right or wrong in what they were actually doing, which
the Senate has felt of sufficient importance to refer to us to investigate
at least.
Mr. Williams. I want to say, sir, that that blanket charge doesn't
stretch so far as to cover 1944, though. Blanket as it is, it goes only
back to 1947.
The Chairman. Well, we are not considering the matters in that
at all. We are only considering the conduct, and that is the
ground of the charge, his conduct with respect to a duly constituted
committee.
Whether they had a faulty resolution, whether they had one that
didn't say anything much at all, or not, so far as I can see now is
wholly immaterial.
What is material is his conduct with respect to that committee and
its activities.
58 HEARINGS ON SENATE RESOLUTION 301
Mr. Williams. May the record show also, Mr. Chairman — and I
don't mean to press this matter — I do have, as I explained yesterday,
another motion on this particular subject.
The Chairman. At the proper time we will consider that, be-
cause we liave had a very short time to prepare this matter, and
before we finally conclude the presentation of what evidence we have
been able to gather, we will check again, and if there are any loose
ends, why we want to take care of them.
Senator Case. Mr. Chairman
The Chairman. Senator Case.
Senator Case. I should like to determine, if I could, the position
of counsel on one point.
The Chairman. You are addressing your remarks now to Mr.
Williams?
Senator Case. Yes.
Mr. Williams, is it your position that the acts or attitude of Sen-
ator McCarthy toward the Hennings committee, if contemptuous in
nature, were not actually in contempt, because his committee was pur-
suing a course of inquiry which was outside the scope or authority of
his committee?
]Mr. Williams. It is my position, sir, that you cannot be in con-
tempt of a body, be it judicial or legislative, which is acting without
authority, and it is mv position that when this particular body under-
took to do something which nobody authorized it to do, not even the
one man who proposed the investigation authorized it to do, nor tried
to authorize it to do, it became a body which was acting in an un-
authorized, illegal manner, and that, therefore, it is impossible that
anyone could be contumacious in relationship to it in the legal sense.
Now, I want to say this to the Senator, in final answer to your
question : It is significant, sir, tliat while this committee said clearly
in its report that it had the right to subpena Senator McCarthy,
and tliat he was subject to the mandate of a subpena, it, for reasons
satisfactory to itself but never explained to others, did not see fit to
subpena him; it simply invited him.
Now, when you take Senator McCarthy's declination of the invita-
tion to that committee, against the backdrop of the performance of the
committee, I think we begin to see this case in proper perspective, be-
cause it is our position that the committee was unauthorized in its
scope of operations, that it was deporting itself in a manner which
was at war with all the precedents of the Senate by not taking testi-
mony under oath on the charges or on any matters, but rather by tak-
ing hearsay, unsworn reports of staff investigators, and including
them in a document which purports to be findings of facts in a judicial
proceeding.
Senator Case. Mr. Chairman
The Chairman. Senator Case.
Senator Case (continuing). I merely suggest that counsel for the
committee, and I also suggest that counsel for Senator McCarthy,
examine the record of the Senate a few days prior to the recent recess,
in whicli Senator JNIcCarthy presented the case of contempt against
Corliss Lamont for, I think, the somewhat similar issue was involved
there.
HEARINGS ON SENATE RESOLUTION 301 59
The Lamont claim was that the investigating committee was seeking
to interrogate him, Lamont, on things outside the scope of the re-
sponsibility of the committee.
I think some statements that were made there, the presentations
that were made, would be useful to both our counsel and to counsel
for Senator McCarthy.
The Chairman. You have in mind that it may throw some light on
the legal reasons and legal grounds underlying this matter, Senator ?
Senator Case. I am sorry, I did not hear that.
The Chairman. I say, do you have in mind that the Lamont matter
may throw some light on the legal situation with respect to the matter
we are now investigating?
Senator Case. Well, that precise issue of whether or not the person
could be in contempt of a committee if the committee sought to inquire
outside the specific authority of the committee for the specific matter
referred to it, w\as an issue that was discussed in the Lamont case when
it was presented to the Senate a couple of weeks ago.
The Chairman. And the Senate, I think, adopted the resolution,
did it not?
Senator Case. The Senate did adopt the resolution.
Mr. Williams. To send it to the grand ]nry, and I understand the
case went to the grand jury, and the grand jury will pass, I assume,
on the prima facie validity of the connnittee which heard the evidence.
Senator Case. Of course, there are some other angles to this matter
of contempt here, the dating of this, the invitations to appear here,
that had been read into the record this morning, all were subsequent
to the adoption of Senate Resolution 300 by the Senate in wdiich it,
in effect, continued the committee and refused to withdraw the Sen-
ate Resolution 187.
Mr. Williams. Senator, I call your attention to the fact that much
of the evidence that was introduced yesterday antedated that, of
course, and the evidence that was introduced this morning in some
cases postdated that period. But I again call your attention. Senator,
to this fact: That all the resolution that was proposed and passed,
60 to nothing, did was to reaffirm the delineated jurisdiction of the
subcommittee which had been laid out in the original Benton resolu-
tion. It did not expand it and, of course, the committee had trans-
gressed and continued to transgress its jurisdiction both procedurally
and substantively, procedurally in refusing to conduct a judicial pro-
ceeding such as this committee is doing, and such as the Senate did
in this case.
The Chairman. You are arguing the law on it now, Mr. Williams.
I call your attention also, so that we will have this in the record, to the
fact that much of the testimony — I think I skimmed over the report,
and I have it in mind — considerable testimony related to matters that
postdate the election of Senator McCarthy and his induction into the
Senate of the United States in 1947.
Mr. Williams. None of it was based on sworn testimony.
The Chairman. That is another matter.
We are talking about No. 1 now. Let us stick with that one. We
are talking about the matter of whether there was any material before
the committee concerning a matter that happened after his induction
into the United States Senate in 1947.
52461 — 54 5
60 HEARINGS ON SENATE RESOLUTION 301
Now the committee takes the position, as I have indicated before,
that it is our duty to cjet all of this evidence, no matter who it helps
or hurts, but I do want to point out to you that we are not just out on a
wikl-o:oose chase on this matter — we are bringing it all in. And in
the opinion of our staff and the members of the committee, there was
sufficient matter before that committee that postdated the induction
into office of Senator Joseph McCarthy in 1947 that probably it could
not be argued that it was not there at all. So that even if there was
only one item, it might have some bearing on the argument you have
just been making.
Senator Stennis. Mr. Chairman, I think Mr. Williams has made a
very important point here.
He is, in effect, arguing for the exclusion of this testimony on the
ground that it does not state a case.
As I understand your argument, it is that this so-called Hayden
subcommittee was totally lacking in authority and had no legal status,
and therefore could not legally call Senator McCarthy or anyone else
before it.
Tliat goes to the question of whether or not it was facto or de jure
or, just what status do you argue for?
Mr. Williams. My feeling on that is dual, Senator, if I may. In-
sofar as the Benton resolution was concerned, which is Senate Resolu-
tion No. 187, it was never passed upon by the Senate, as the record
will show.
It is the first time that there was an expulsion hearino: in the Senate
without authority from the Senate, which is against all of the prece-
dents of the Senate.
Secondly, substantively thereby the jurisdiction was not vested.
Then they voided themselves in the matter, which was against all
precedents of the Senate, by not having charges specified to them for
hearing such as this committee has done. This committee has charges
before it.
The 83d Congress was careful to document the resolution under
which this committee is operating. That was not so in the Benton
case.
Thirdly, they denied, refused in that the right to confront and
cross-examine the accused.
Senator Stennis. Pardon me, I remember those points, but your
conclusion is, then, that they were without le^al authority to proceed?
Mr. WiLT-iAMs. They were without legal authority to proceed as
they started their original investigation, their hearings.
Senator Stennis. Therefore, it did not actually constitute a legal
arm of the Senate ?
Mr. Williams. Not for the purposes of hearing evidence on an
expulsion case.
I do not, of course, contest the jurisdiction of the Subcommittee of
Privileges and Elections as a valid committee of the Senate, but I say
in this mission they were outside the scope of their authority of that,
therefore, they did not constitute a valid arm of the Senate.
Senator Stennis. And could not legally proceed in your case?
Mr. Williams. Yes.
Senator Stennis. Thank you.
Senator Case. Mr. Chairman
The Chairman. Senator Case.
HEARINGS ON SENATE RESOLUTION 301 61
Senator Case. I would affain sug'gest that counsel both for the
committee and for Senator McCarthy examine the La Follette and
Lang-er cases to \Yhich reference is made on page 71 of the Henninfjs
report, for there the contention is made that in the case of the old
Committee on Privileges and Elections, 5 cases had been presented
to them that were unconnected with an election, and in 3 of those,
the Smoot, Burton, and Gold cases, the Senate adopted resolutions
directing an investigation of the charges, but in the other 2 cases,
those of La Follette and Langer, the petitions and protests of private
citizens were referred by the presiding ofiicer to the Committee on
Privileges and Elections, which then conducted investigations with-
out obtaining resolutions of authorizations from the Senate,
The contention is there made that on the basis of those precedents
in the Langer and La Follette cases, the predecessor committee pro-
ceeded on its own motion by reference of this material to it.
There is further cited section 184 of the Legislative Reorganiza-
tion Act. It seems to me that a study of those cases and of the Legis-
lative Reorganization Act would be helpful in arriving at a proper
conclusion.
The Chairmax. Senator Case, I will say that as far as the com-
mittee staff is concerned, we certainly will direct them to make a full
investigation of the matters you call attention to. We want to get
all of the precedents, all of the law matters, the arguments before us,
so that we can submit them all to the Senate in our report, on both
sides of the question, if possible.
Mr. Williams. I might say. Senator Case, that the Langer case
started out, sir, as an exclusion case, and through a series of procedural
mechanisms, which would take too long to go into here, it ended up
on the floor of the Senate as an expulsion case, but I think for a
number of reasons, neither it nor the La Follette case is germane to
this particular inquiry.
But I do not want to burden the committee at this time with a legal
proposition, and I will cover this in the briefs which I submit to the
committee.
The Chairman. I think you gentlemen will find as you investigate
the records of the Senate that the Senate fixes its own rules from time
to time, ancl they are not always the same. At least, that is what I
have found in my investigations.
And in the particular inquiry we are in now, I think we are plowing
in, many parts of it, virgin soil.
You may proceed with the presentation of evidence.
Mr. Chadwick. In the fourth
The Chairiman-. In the fourth category.
Mr. Chadwick. Mr. de Furia, with your permission, will take that.
The Cttaiksian. I may say also that in the fourth category, some
of the material that has been presented heretofore will be considered
by the connnittee as having some bearing on the fourth charge.
Mr. de Furia, proceed.
Mr. DE Furia. Mr. Chairman, we call to the attention of the com-
mittee the 2 specifications, being, 1, the amendment offered by Senator
Flanders to Senate Resolution 301, reading as follows :
He has ridiculed his colleagues in the Senate, defaming them publicly and
in vulgar and base language (regarding Senator Hendrickson— "A living niiraele
without brains or guts"; on Flanders— "Senil(^-I thiak they should get a man
with a net and take him to a good, quiet place.") —
62 HEARINGS ON SENATE RESOLUTION 301
and also the specification based upon the amendment proposed by
Senator Morse reading as follows :
(b) Unfairly aceusod his fellow Senators Gillette, Monroney, Hendrickson,
Hayden, and Henniugs of improper conduct in carrying out their duties as
Senators.
Mr. Chairman, this part of the presentation will be brief. We
would like to read into the record certain documentary matters and
then call two witnesses, sir, whose testimony will be relatively brief.
The Chairman, You may proceed.
Mr. DE FuRiA. I call to the attention of the committee
The Chairman. Just a moment.
Mr. Williams. May I see the documentary matter that is being
introduced, sir ?
I think that I should have a copy of this material. I do not have
any idea what he is undertaking to offer, and therefore I cannot talk
to it.
Mr. DE Furia. I think that point is well taken, Mr. Chairman. The
first part of it is a group of letters which we have already offered and
read into evidence.
Mr. Williams. Thank you, sir.
Mr. DE Furia. So I take it Mr. Williams' objection does not pertain
to that, and we will be glad to show" him, sir, immediately what we
propose to present to the committee, based on the documentary
evidence.
Mr. Williams. I make that suggestion because I think we may be
able to save time if w^e can stipulate to some of these things.
The Chairjvian. Well, it has been difficult for us to make all the
contacts necessary in this investigation up to date As counsel knows,
we have had a very short time, and there have been many other ac-
tivities, and it has been very difficult to get everything prepared as we
would have liked to have it.
However, you may run across considerable evidence before we get
through that we can't apprise you of in advance, and you probably
will have some that you won't tell us about until it is presented before
the committee.
Mr. DE Furia. May I proceed, Mr. Chairman?
The Chairman. You may proceed.
Mr. DE Furia. In connection with the specification of Senator
Morse, we call the attention of the committee to the letters already
admitted in evidence from Senator McCarthy, being a letter from
Senator McCarthy to Senator Gillette, exhibit No. 6, December 6,
1951; a letter from Senator McCarthy to Senator Gillette, December
10, 1952, exhibit No. 10 ; a letter from Senator McCarthy to Senator
Hayden, March 21, 1952, being exhibit No. 13; letter fi'om Senator
McCarthy to Senator Gillette, May 8, 1952, being exhibit No. 18;
letter from Senator McCarthy to Senator Gillette, May 11, 1952, be-
ing exhibit No. 21 ; those exhibit numbers, of course, referring to the
appropriate exhibit numbers in the H-H-H report.
Now I would like to inquire, Mr. Chairman, whether Mr. Williams
has had an opportunity to examine the copy of certain proposed docu-
mentary evidence which we desire to admit from the Army-McCarthy
hearings.
Mr. Williams, I haven't had a chance to examine it, because you
haven't given it to me.
HEARINGS ON SENATE RESOLUTION 301 63
Tlie Chairman. You will have a chance to see it before we get
through with the investigation. The committee will have to proceed.
Mr. DE FuRiA. It will only take a minute, Mr. Chairman.
The Chairman. We can't, of course, always give the new testimony
in advance. There is no rule requiring it. We like to do it as a matter
of courtesy, but in this particular instance we haven't been able to
get to it, but we will proceed.
Mr. DE FuRiA. Mr. Chairman, I ask that there be read into evidence
that portion of the testimony in the Army-McCarthy hearings, volume
25, of the transcript on June 2, 1954, before the Special Subcommittee
on Investigations of the Committee on Government Operations, page
4782, reading as follows :
Senator McCarthy. Mr. Flanders in this statement attempts to raise the
question of religious racial bigotry. I think it is a vicious thing. I read his
speech. I don't believe he wrote it himself. I think the kindest thing you can
say about Ralph is that this may be the result of senility. He tries to inject
religious racial bigotry into this fight to expose Communists.
We desire to read into the record, Mr. Chairman, another portion of
the same testimony from the Army-McCarthy hearings, being volume
24 of June 1, 1954, page 4546, reading as follows :
Senator McCarthy. Mr. Chairman, this is a statement by the Senator from
Vermont in the nature of a question. I have been very patient with the Sena-
tor from Vermont as he has engaged in his diatribes over the past number of
weeks. I have felt that he is a nice, kind old gentleman. I wondered whether
this has been a result of senility or viciousness.
Mr. Chairman, we desire to read into the record another part of the
same testimony, being volume 32, June 11, 1954, page 6321, reading
as follows :
Senator McCarthy. Mr. Chairman, may I say that I have no feud with Mr.
Flanders. I have said that I thought it was not the result of viciousness but
perhaps senility that he is making these unfounded attacks. I feel, Mr. Chair-
man, however, that where any Senator has information of value to this commit-
tee, that then he should be willing to come before this committee and take the
oath and be cross-examined. However, as the Chair says, I am merely a witness
here. The Chair is running the committee, so I will abide by any decision made
by the Chair obviously.
At this point we desire to call as a witness Bernard Livingstone, sir.
Tlie Chairman. Will you raise your right hand and be sworn ?
Do you solemnly swear that the testimony given in the matter pend-
ing before the committee will be the truth,' the whole truth, and noth-
ing but the truth, so help you God ? "
Mr. Livingstone. I do.
TESTIMONY OF BERNARD LYNN LIVINGSTONE
The Chairman. You may state your name and your address for the
purposes of the record.
Mr. Livingstone. Bernard Lynn Livingstone, 7110 Georgia Street,
Chevy Chase, Md.
The Chairman. You may proceed.
Mr. DE FuRiA. You are here under subpena served upon you at the
direction of counsel for the committee; is that correct, sir?
Mr. Livingstone. That is correct.
Mr. DE FuRiA. And what is your business or profession, Mr. Liv-
ingstone?
Mr. Livingstone. I am a reporter for the Associated Press.
64 HEARINGS ON SENATE RESOLUTION 301
Mr. DE FuRiA. How long have you been employed by the Associated
Press, Mr. Livingstone ?
Mr. Livingstone. I am completing 25 years.
Mr. DE FuRiA. Do you know Senator McCarthy?
Mr. Livingstone. I do.
Mr. DE FuRiA. How long have you known Senator McCarthy —
known him to recognize and talk to?
Mr. Livingstone. Casually, upward of 4 or 5 years, I should say.
Mr. DE FuRiA. Did vou attend a press conference called by Senator
McCarthy on June lia954?
Mr. Livingstone, Well, those were in the course of the Army hear-
ings, I understand. I do not think that I attended a press conference.
J did speak to him, however.
Mr. DE FuRTA. Did you speak to him alone or in company with other
reporters ?
Mr. Livingstone. I spoke to the Senator at the noon recess, approxi-
mately 12: ?)0, in company with other reporters.
Mr. DE FuRiA. However, it was not formally a press conference —
was that the point of your correction ?
Mr. Livingstone. That is the point I am trjdng to make.
Mr. DE FuRiA. Where did you speak to him on that day, Mr. Living-
stone ?
Mr. Livingstone. The Senator was at the witness table — this table
that I am sitting at, I believe.
Mr. DE FuRiA. In this room ?
Mr. Livingstone. In this room. On June 11.
Mr. DE FuRiA. You say there were other reporters present ?
Mr. Livingstone. Yes. The occasion was as the hearings broke up
for the luncheon recess, a number of reporters, myself included, walked
over from the press table to the Senator who was sitting at the witness
table, and asked him if he had any comment to make about a speech
that Senator Flanders was to deliver on the Senate floor that after-
noon, I think it was.
Mr. DE FuRiA. Will you give the rest of the conversation and, of
course, I am particularly inquiring as to whether Senator McCarthy
made any statement or reference or otherwise ?
Mr. Livingstone. Yes, we had received advance copies of the text
of the Senator's speech during the morning.
Senator McCarthy. Wliich Senator's speech ?
Mr. DE FuRiA. "Wliich Senator ?
Mr. Livingstone. Senator Flanders. And we had an opportunity
to look it over, and I think — I know I did, at least, underline several
points which appeared to be interesting to me, and when the recess was
called I walked over, stepped over from the press table to the witness
table, and handed it to the Senator and asked him if he had any com-
ment he cared to make on the Senator's speech.
A few minutes before Senator Flanders himself had walked into
the committee room and served notice on Senator McCarthy that he
w^as to make that speech.
And the Senator looked at it briefly and smiled and said :
I think they should get a man with a net and take him to a good, quiet place.
Mr. DE FuRiA. Now, you have quoted the utterance of Senator
McCarthy ; is that correct, sir ?
Mr. LivTNGSTONE. I liavB, sir.
HEARINGS ON SENATE RESOLUTION 301 65
Mr. DE FuRiA. Did you send that in as part of your story to your
office?
Mr. Livingstone. I did. It was very brief. It was sent from
downstairs in the press room, a matter of three lines, and the time at
12 : 46 p. m.
Mr. DE FuRiA. Was that story put on the national wires, containing
that quote, by the AP ?
Mr. Livingstone. That was, sir. That was placed in our running
national trunk story of the day. I don't know, I think the time on the
original was about 10 minutes after I had sent it in from the press
room here in the Senate Office Building.
The Chairman. Does counsel for Senator McCarthy wish to cross-
examine ?
Mr. Williams. I just have 1 or 2 questions, Mr. Chairman.
The Chairman. You may proceed.
Mr. Williams. I want to identify the particular speech, if I may,
Mr. Livingstone, that you showed to Senator McCarthy. Was that
the speech in which Senator Flanders spoke about civilization coming
to an end, in his opinion ?
He said, as I recall it, that the civilization through which we were
passing was coming to an end ; that is what identifies the speech in my
mind. Is that the one to which you have reference ?
Mr. Livingstone. I mj'Self don't know what was in the speech,
because the speech itself was made on the floor.
Mr. Williams. Was it the speech in which he said he drew the
parallel between Senator McCarthy and Hitler ?
Mr. Livingstone. I believe it was.
Mr. Williams. Then that is the speech, I take it
Mr. Livingstone. That was the speech of June 11.
Mr. Williams. Yes.
Mr. Livingstone. That is the one you are talking about.
The Chairman. Is that the only speech the Senator made that
•day ; do you know ?
Mr. Williams. That is the only one he made that day.
Mr. Livingstone. That is the only one.
The Chairman. Does that identify it for you, Mr. Williams?
Mr. Livingstone. I think so.
Mr. Wn^LiAMS. I am trying to fix the context of it, sir, because I
feel that may have relationship to the remark that was prompted, and
in trying to fix the context of it, I have to ask him if it was the speech
in which these things were said.
Mr. Livingstone. Well, this was the speech in which
The Chairman. The only thing he has testified to, of course, was
the remark that Senator McCarthy is supposed to have made.
Mr. Williams. Did you particularly, Mr. Livingstone, when you
called this speech to Senator McCarthy's attention, direct his atten-
tion to any facet of it, or did you just hand him the whole speech
and let him read it ?
Mr. Livingstone. I don't think you would say that I attracted his
attention to any particular facet. As is customary when you have
advanced texts, you underline certain parts that you think are inter-
esting, and I think my copy of the text was underlined here and there
throughout the copy of the advance.
66 HEARINGS ON SENATE RESOLUTION 301
Mr, WiiJvTAMs. So that we can identify this context, did you under-
line that part of the speech which said that "our civilization has passed
through its maturity and is approaching its end?"
Mr. Livingstone. I could not recall.
Mr. Williams. Do you remember saying anything to Senator Mc-
Carthy, about this speech, about the coming of the end of civilization?
Mr. Livingstone. I have no recollection of that at all.
Mr. Williams. Do you remember saying anytliing to Senator Mc-
Carthy concerning the parallel that was drawn between him and
Hitler?
Mr. Livingstone. I have no recollection.
Mr. Williams. So you are not able to helj) us with the context?
Mr. Livingstone. I am not. I merely had the copy and laid it
on the table before him, and asked if he had a comment. My only
interest was in his comment.
Mr. WiLUAMS. Tliank you very much, Mr. Livingstone.
The Chairman. Are there any questions by members of the com-
mittee ?
If not, you will be excused, Mr. Livingstone.
Mr. Livingstone. Thank you, Senator.
The Chairman. Call your next witness.
Mr. DE FuRiA. Mr. Joseph W. Hall, Jr., Mr. Chairman.
The CiiAiiaiAN. Mr, Hall, please come forward. Raise your right
hand.
Do you solemnly swear the testimony you will give in the matter
now pending before the committee will be the truth, the whole truth,
nothing but the truth, so help you God ?
Mr. Hall. I do.
Mr. DE FuRiA. Shall I proceed, Mr. Chairman?
The Chairman. You may proceed.
TESTIMONY OF JOSEPH W. HALL, JR.
Mr. DE Furia. What is your address, Mr. HaU ?
Mr. Hall. Silver Spring, Md.
Mr. DE Furia. Are you here under subpena issued at the request of
counsel for the committee?
Mr. Hall. Yes, sir; I am.
Mr. DE Furia. What is your business or profession ?
Mr. Hall. I am a reporter for the Associated Press assigned to
the Senate staff,
Mr, DE Furia, How long have you been a reporter, sir ?
Mr, Hall. Well, I have been a reporter about 20 years, and I have
worked for the AP since 1937,
Mr. DE Furia. Do you know Senator McCarthy ?
Mr. Hall. Yes, sir.
Mr. DE Furia. How long have you known Senator McCarthy ?
Mr. Hall. Well, about 4 years, I would say.
Mr. DE Furia, Do you know wliether you talked to Senator Mc-
Carthy on the evening of January 2, 1953, Mr. Hall ?
Mr. Hall. Yes, sir, I believe that I did.
Mr. DE Furia, Was that talk in person or by telephone, sir?
Mr. Hall. By telephone.
Mr. DE Furia. Where were you at the time ?
HEARINGS ON SENATE RESOLUTION 301 67
Mr. Hall. In the Senate Press Galley, Mr. de Fnria.
Mr. DE FuRiA. So far as you know, where was Senator McCarthy
at that time ?
Mr. PIall. I don't know, sir.
Mr. DE FuRiA. Now, do you have notes of the telephone conversa-
tion between Senator McCarthy and you ?
Mr. Hall. No, sir, I don't have my notes. But I have a story, or
rather a file
Mr. DE Furia. Just a minute, please. You have a file ?
Mr. Hall. Yes, sir.
Mr. DE FuBLA.. Do you have any recollection at the present time,
independent of your notes or your files, of conversations between the
Senator and you that day ?
Mr. Hall. Well, based upon the record here, I believe that I talked
to Senator McCarthy that night and obtained from him a statement,
which we had requested.
Mr. DE Furia. Thank you. Now, what time was that, Mr. Hall?
Mr. Hall. Well, the story that I wrote is timed 8: 51 p. m.
Mr. DE Furia. All right. Now, will you tell us to the best of your
recollection and your knowledge what was the conversation by tele-
phone had between you and Senator McCarthy?
Mr. Hall. Well, by way of background, January 2 was the day the
Hennings subcommittee report was issued, and we had unquestionably
asked Senator McCarthy to comment, because that is our practice,
and according to our files, he had issued a statement, a written state-
ment. Then later in the evening, according to this story that I
wrote, which is marked as an insert in the Hennings subcommittee
report story, he telephoned a further comment on the report of 5 or
6 paragraphs, and I took, based on the record here — I believe that
I took that statement, and I believe that it. is accurate. Do you
want me to read it ?
Mr. DE Furia. Yes.
Mr. Hall. Just all of the paragraph ?
Mr. DE Furia. That is correct, sir.
Mr. Hall. Well, starting off with a full paragraph :
In his telephone comment, McCarthy said, "This report accuses me either
directly or by innuendo and intimation of the most dishonest and improper
conduct.
"If it is true, I am unfit to serve in the Senate. If it is false, then the three
men who joined in it — namely, Hendrickgon, Hennings, and Hayden — are dis-
honest beyond words.
"If those three men honestly think that all of the four things of which they
have accused me, they have a deep, moral obligation tomorrow to move that
the Senate does not seat me as a Senator."
Parenthetically, "tomorrow" was January 3, the opening of the
83d Congress.
"If they think the report is true, they will do that. If they know the report
is completely false and that it has been issued only for its smear value, then
they will not dare to present this case to the Senate.
"This committee has been squandering taxpayers' money on this smear cam-
paign for nearly 18 months. If they feel that they are honest and right, why
do they fear presenting their case to the Senate?
"I challenge them to do that. If they do not, they will have proved their
complete dishonesty.
"I can understand the actions of the leftwingers in the administration, like
Hennings and Hayden. As far as Hendrickson is concerned, I frankly can bear
him no ill will.
68 HEARINGS ON SENATE RESOLUTION 301
"Suffice it to say that he is a living miracle in that he is without question
the only man in the world who has lived so long with neither brains nor guts."
That ends the statement that I
Mr. DE FuEiA. Was that sent by you, Mr. Hall, to the AP office here
in Washington?
Mr. Hall. This statement from which I have been reading is a
coi)y that I wrote and was sent by teletype printer from the Senate
Press Gallery into onr office downtown.
Mr. DE FuRiA. Did it go over the wire?
Mr. Hall. Yes, sir. Do you want the reference on that?
Mr. nE FuRiA. It went over the national wires; is that correct?
Mr. Hall. Yes, sir.
Mr. DE FuRiA. And that would be to your associated newspapers?
JMr. Hall. Yes, sir. It went over our trunk wire, which is the
A wire over the United States, at 9 : 45 p. m,
]Mr. nE FuRTA. On what day ?
Mr. Hall. On the night of January 2, as an insert giving Senator
McCarthy's comment in the story of the Hennings subcommittee re-
port. We had a long story out, I assume, on the Hennings subcom-
mittee report, and this was sent as an insert, giving Senator McCarthy's
comment on it.
The Chairman. Do you wish to cross-examine, Mr. Williams ?
Mr. Williams. I iust have 1 or 2 questions to ask, if I may, sir.
The Chairman. You maj'' proceed.
Mr. Williams. Mr. Hall, as I understand it when you talked to
Senator McCarthy on January 2 of 1953, he was addressing his re-
marks to this report about which we have had so much conversation
this morning, the so-called Hennings-Hayden-Hendrickson report; is
that right?
Mr. H \LL. Yes, sir ; I am sure we had asked him for comment on it.
Mr. Williams. And in colloquy that you had with him in that
telephone conversation, as I understand it, he said to you that if these
men believed these things to be true which were stated by innuendo
in this report, that it behooved them to stand up on the Senate floor
on January 3, 1953, and challenge his being seated; is that correct?
Mr. Hall. That's right. "I challenge them to do that," he said.
Mr. Williams. That is what he said?
Mr. Hall. Yes, sir.
Mr Williams. That's all.
Mr. DE Furia. Thank you, Mr. Hall.
The Chairman. Does anv member of the committee have a ques-
tion ? If not, then, Mr. Hall, you are excused.
The committee will now be in recess until 2 this afternoon.
(Whereupon, at 12: 18 p. m., the committee recessed until 2 p. m.,
this same day.)
afternoon session
Present: Senators Watkins (chairman), Johnson of Colorado (vice
chairman), Stennis, Carlson, Case, and Ervin.
Also present: Senator McCarthy; E. Wallace Chadwick, counsel to
the committee; Guy G. de Furia, assistant connsel to the committee;
John M. Jex, clerk of the committee ; John W. Wellman, staff member;
Frank Ginsburg and Ray R. McGuire, members of Senator Watkins^
staff on loan to the committee ; and Edward Bennett Williams, counsel
HEARINGS ON SENATE RESOLUTION 301 69
to Senator McCarthy, with his associates, Agnes A. Neill and Brent
Bozell.
The Chairman. The committee will be in session. Counsel will now
proceed with the presentation of documentary evidence, of which the
committee takes judicial notice.
Mr. Chadwick. Mr. Chairman and members of the committee, this
evidence is with respect to point No. 5 of the notice which was hereto-
fore given to the parties as prescribed by the chairman covering inci-
dents relating to Ralph Z wicker, a general officer of the Army of the
United States.
That is supported in the statement by quotations from various pro-
posed amendments which have been submitted to this committee for
consideration by the Senate itself.
I therefore call attention to the amendments proposed by Mr. Ful-
bright to the resolution, Senate Resolution 301, in which he said :
Without justification the junior Senator from Wisconsin impugns the loyalty,
patriotism, and character of Gen. Ralph Zwicker.
Also, the amendment proposed by Mr. Morse to the resolution as
follows :
(c) As chairman of a committee resorted to abusive conduct in his interroga-
tion of Gen. Ralph Zwicker, including a charge that General Zwicker was
unfit to wear the uniform —
during the appearance of General Zwicker as a witness before the Per-
manent Subcommittee on Investigations of the Senate Committee on
Government Operations on February 18, 1954.
The third is from the amendment proposed by Senator Flanders to
the resolution. Senate Resolution 301, viz :
He has attacked the fame and besmirched military heroes of the United States,
either as witnesses before his committee or under the cloak of immunity of the
Senate floor — General Zwicker, General Marshall.
I ask the committee to take judicial notice that on February 18, 1954,
Senator McCarthy was chairman of the Permanent Subcommittee on
Investigations of the Committee on Government Operations of the
Senate in the 83d Congress, 2d session, and also chairman of the
Senate Committee on Government Operations.
I also ask the committee to take judicial notice of the transcript of
hearing, and I propose to offer in evidence and read into the record the
following testimony given by General Zwicker under examination for
the use of the Committee on Government Operations, and appearing as
part of the record of hearings before the Permanent Subcommittee on
Investigations, of which Senator McCarthy was chairman, held on
February 18, 1954, using for the purpose the official transcript certified
and sworn to by the report.
The Chairman. Where was that hearing held ?
Mr. Chadwick. That hearing was held, sir, in executive session in
room 110, Federal Building, New York City, N. Y., Senator Joseph R.
McCarthy presiding.
The Chairman. You may proceed.
Mr. Chadwick. I now begin the reading of the transcript of the
subject matter referred to:
The Chairman. General, would you raise your right hand and be sworn? In
this matter now in hearing before the committee, do you solemnly swear to tell
the truth, the whole truth, and nothing but the truth, so help you God?
70 HEARENGS ON SENATE RESOLUTION 301
Testimony of Brig. Gen. Ralph W. Zwicker, United States Army ; Accom-
panied BY Capt. W. J. Woodward, Medical Corps, United States Army
General Zwicker. I do.
Before we start, there is no need for a medical officer to be in here.
The Chairman. That is O. K.
Mr. CoHN. A man who is his own lawyer has a fool for a client, and it is the
same thing with a man who tries to be his own doctor.
General, could we have your full name?
General Zwicker. Ralph W. Zwicker.
Mr. CoiiN. General, to see if we can save a little time here, isn't the situa-
tion this — by the way, you have been commanding officer at Kilmer since when?
General Zwicker. Since the middle of July last year.
Mr. CoHN. Has the Peress case come to your attention since that time? I
am not asking questions about it.
General Zwicker. Yes.
Mr. CoHN. It has come to your attention, and you have a familiarity with
that case?
General Zwicker. Yes.
Mr. CoHN. Now, general, would you like to be able to tell us exactly what
happened in that case, and what steps you took and others took down at Kilmer
to take action against Peress a long time before action was finally forced by
the committee?
General Zwicker. That is a toughie.
Mr. CoHN. All I am asking you now is if you could, if you were at liberty
to do so, would you like to be in a position to tell us that story ?
General Zwicker. Well, may I say that if I were in a position to do so, I
would be perfectly glad to give the committee any information that they desired.
Mr. CoHN. You certainly feel that that information would not reflect unfavor-
ably on you; is that correct?
General Zwicker. Definitely not.
Mr. CoHN. And would not reflect unfavorably on a number of other people
at Kilmer and the First Army?
General Zwicker. Definitely not.
The Chairman. It would reflect unfavorably upon some of them, of course?
General Zwicker. That I can't answer, sir. I don't know.
The Chairman. Well, you know that somebody has kept this man on, know-
ing he was a Communist, do you not?
General Zwicker. No, sir.
The Chairman. You know that somebody has kept him on knowing that he
has refused to tell whether he was a Communist, do you not?
General Zwicker. I am afraid that would come under the category of the
Executive order, Mr. Chairman.
The Chairman. What?
General Zwicker. I am afraid an answer to that question would come under
the category of the Presidential Executive order.
The Chairman. You will be ordered to answer the question.
General Zwicker. Would you repeat the question, please?
Mr. Cohn. Read it to the general.
(The question referred to was read by the reporter.)
General Zwicker. I respectfully decline to answer, Mr. Chairman, on the
grounds of the directive. Presidential directive, which, in my inteiijretation, will
not permit me to answer that question.
The Chairman. Let the record show he was ordered —
followed by stars to show the sentence was not completed.
The Chairman. You know that somebody signed or authorized an honorable
discharge for this man, knowing that he was a fifth amendment Communist;
do you not?
General Zwicker. I know that an honorable discharge was signed for the man.
The Chairman. The day the honorable discharge was signed, were you aware
of the fact that he had appeared before our committee?
General Zwicker. I was.
The Chairman. And had refused to answer certain questions?
General Zwicker. No, sir; not specifically on answering any questions. I
knew that he had appeared before your committee.
The Chairman. Didn't you read the news?
General Zwicker. I read the news releases.
HEARINGS ON SENATE RESOLUTION 301 71
The Chairman, And the news releases were to the effect that he had refused
to tell whether he was a Communist, and that there was evidence that he had
attended Communist leadership schools. It was on all the wire service stores ;
was it not? You knew generally what he was here for ; did you not?
General Zwicker. Yes, indeed.
The Chairman. And you knew generally that he had refused to tell whether
he was a Communist; didn't you?
General Zwicker. I don't recall whether he refused to tell whether he was a
Communist.
The Chairman. Are you the commanding officer there?
General Zwicker. I am the commanding general.
The Chairman. When an officer appears before a committee and refuses to
answer, would you not read the story rather carefully?
General Zwicker. I read the press releases.
The Chairman. Then, General, you knew, did you not, that he appeared before
the committee and refused, on the grounds of the fifth amendment, to tell about
all of his Communist activities? You knew that, didn't you?
General Zwicker. I knew everything that was in the press.
The Chairman. Don't be coy with me, General.
General Zwicker. I am not being coy, sir.
The Chairman. Did you have that general picture?
General Zwicker. I believe I remember reading in the paper that he had taken
refuge in the fifth amendment to avoid answering questions before the committee.
The Chairman. About communism?
General Zwicker. I am not too certain about that.
The Chairman. Do you mean that you did not have enough interest in the
case. General, the case of this major who was in your command to get some
idea of what questions he had refused to answer? Is that correct?
General Zwicker. I think that is not putting it quite right, Mr. Chairman,
The Chairman. You put it right, then.
General Zwicker. I have great interest in all of the officers of my command,
with whatever they do.
The Chairman. Let's stick to fifth-amendment Communists, now. Let's stick
to him. You told us you read the press releases.
General Zwicker. I did.
The Chairman. But now you indicate that you did not know that he refused
to tell about his Communist activities. Is that correct?
General Zwicker, I know that he refused to answer questions for the
committee.
The Chairman. Did you know that he refused to answer questions about his
Communist activities?
General Zwicker. Specifically, I don't believe so.
The Chairman. Did you have an.v idea?
General Zwicker. Of course I had an idea.
The Chairman. What do you think he was called down here for?
General Zwicker. For that specific purpose.
The Chairman. Then you knew that those were the questions he was asked,
did you not? General, let's try and be truthful. I am going to keep you here as
long as you keep hedging and hemming.
General Zwicker. I am not hedging.
The Chairman. Or hawing.
General Zwicker. I am not hawing, and I don't like to have anyone impugn
my honesty, whicli you just about did.
The Chairman. Either your honesty or your intelligence ; I can't help im-
pugning one or the other, when you tell us that a major in your command
who was known to you to have been before a Senate committee, and of whom
you read the press releases very carefully — to now have you sit here and tell
us that you did not know whether he refused to answer questions about
Communist activities. I had seen all the press releases, and they all dealt with
that. So when you do that. General, if you will pardon me. I cannot help
but question either your honesty or your intelligence, one or the other. I want to
be frank with you on that.
Now, is it your testimony now that at the time you read the stories about
Major Peress, that you did not know that he had refused to answer questions
before this committee about his Communist activities?
General Zwickehj. I am sure I had tliat impression.
The Chairman. Were you aware that the major was being given an honor-
able discharge * * *.
72 HEARINGS ON SENATE RESOLUTION 301
The CHAirMAN. Did you also read the stories ahont my lettefto Secretary
of the Array Stevens in \vhich I requested or, rather, suggested that this man be
court-martialed, and that anyone that protected him or covered up for him
be court-martialed?
General Zwicker. Yes, sir.
The Chaikman. That appeared in the papers on Sunday and Monday; right?
General Zwicker. I don't recall the exact date.
The Chairman. At least, it appeared before he got his honorable discharge?
General Zwicker. I don't know that that was true, either, sir.
The Chairman. In any event, you saw it in a current paper; did you?
General Zwicker. I did.
The Chairman. You didn't see the story later. So that at the time he was
discharged, were you then aware of the fact that I had suggested a court-
martialfor him and for whoever got him special consideration?
General Zwicker. If the time jibes, I was.
The Chairman. Were you aware that he was being given a discharge on
February 2? In other words, the day he was discharged ; were you aware of it?
General Zwicker. Yes; yes, sir.
The Chairman. Who ordered his discharge?
General Zwicker. The Department of tlie Army.
The Chairman. Who in the Department?
General Zwicker. That I can't answer.
Mr. CoHN. That isn't a security matter?
General Zwicker. No. I don't know. Excuse me.
Mr. CoHN. Who did you talk to? You talked to somebody?
General Zwicker. No, I did not.
Mr. CoHN. How did you know he should be discharged?
General Zwicker. You also have a copy of this. I don't know why you asked
me for it. This is the order under which he was discharged, a copy of that
order.
The Chairman. Just a minute.
You are referring to an order of January 19.
General Zwicker. I am not sure, sir. Just a moment.
The Chairman. January 18. Will you tell me whether or not you were at all
concerned about the fact that this man was getting an honorable discharge after
the chairman of the Senate Investigating Committee had suggested to the De-
partment of the Army that he be court-martialed? Did that give you any
concern ?
General Zwicker. It may have concerned me, but it could not have changed
anything that was done in carrying out this order.
The Chairman. Did you take any steps to have him i-etained until the Secre-
tary of the Army could decide whether he should be court-martialed?
General Zwicker. No, sir.
The Chairman. Did it occur to you that you should?
G 'ueral Zwicker. No, sir.
The Chairman. Could you have taken such steps?
General Zwicker. No, sir.
The Chairman. In other words, there is nothing you could have done; is that
your statement?
General Zwicker. That is my opinion.
IVIr. Rainvtli.e. May I interrupt a minute? Doesn't that order specifically
state that this is subject to your check as to whether he is in good health and
can be discharged?
General Zwicker. May I read it?
Mr. Rainville. I read the order. It is in there.
G?neral Zwicker. Paragraph 5 of this order states:
"Officer will not be separated prior to determination that he is physically quali-
fied for separation by your headquarters."
Mr. Raixville. That is a decision that you must make?
General Zwicker. Not me personally. My medical oflBcers.
Mr. Raixville. But he would report to you. He would not make the decision
without giving you, the commanding general, the order for final verification?
General Zwicker. It would not be necessary. If something were found wrong
physically with the man, he would be retained.
Mr. Rainville. He would report to you?
General Zwicker. No. He would be retained.
Mr. Rainville. It would be automatic, and you would not have to sign any-
thing? • .
HEARINGS ON SENATE RESOLUTION 301 73
. General Zwicker. I would not personally, no. The medical officer would make
such a report.
Mr. Raikville. But there was somebody in your outfit who could say, "This
man can go out or can't go out," and that was the doctor?
G?neral Zwicker. He could not keep him in if he were physically qualified for
separation.
Mr. Rainville. But he could say he couldn't go out, so that there was discretion
within that 90day period.
The Chairman. Let me ask this question : If this man, after the order came
up, after the order of the 18th came up, prior to his getting an honorable dis-
charge, were guilty of some crime — let us say that he held up a bank or stole an
automobile — and you heard of that the day before — let's say you heard of it the
same day that you heard of my letter — could you then have taken steps to pre-
vent his discharge, or would he have automatically been discharged?
General Zavicker. I would have definitely taken steps to prevent discharge.
The Chairman. In other words, if you found that he was guilty of improper
conduct, conduct unbecoming an officer, we will say, then you would not have
allowed the honorable discharge to go through ; would you?
General Zwicker. If it were outside the directive of this order?
The Chairman. Well, yes ; let's say it were outside the directive.
General Zwicker. Then I certainly would never have discharged him until that
part of the case
The Chairman. Let us say he went out and stole $50 the night before.
General Zuicker. He wouldn't have been discharged.
The Chairman. Do you think stealing $jO is more serious than being a traitor
to the country as part of the Communist conspiracy?
General Zwicker. That, sir, was not my decision.
The Chairman. You said if you learned that he stole $50, you would have pre-
vented his discharge. You did learn something much more serious than that.
You learned that he had refused to tell whether he was a Communist. You
learned that the chairman of a Senate committee suggested that he be court-
marshaled. And you say if he had stolen $r)0 he would not have gotten the
honorable discharge. But merely being a part of the Communist conspiracy,
and the chairman of the committee asking that he be court-martialed, would
not give you grounds for holding up his discharge. Is that correct?
General Zwickek. Under the terms of this letter, that is correct, Mr. Chairman.
The Chairman. That letter says nothing about stealing $50, and it does not
say anything about being a Communist. It does not say anything about his
appearance before our committee. He appeared before our committee after that
order was made out.
Do you think you sound a bit ridiculous. General, when you say that for $50,
you would prevent his being discharged, but for being a part of the conspiracy
to destroy this country you could not prevent his discharge?
General Zwickek. I did not say that, sir.
The Chairman. Let's go over that. You did say if you found out he stole $50
the night before, he would not have gotten an honorable discharge the next
morning?
General Zwicker. That is correct.
The Chairman. You did learn, did you not, from the newspaper reports, that
this man was part of the Communist conspiracy, or at least that there was strong
evidence that he was? Didn't you think that was more serious than the theft
Qf $50?
General Zwicker. He has never been tried for that, sir, and there was evidence,
Mr. Chairman
, The Chairman. Don't you give me that doubletalk. The $50 case, that he had
stolen the night belore, he has not been tried for that.
; General Zwicker. That is correct. He didn't steal it yet.
The Chairman. Would you wait until he was tried for stealing the $50 before
you prevented his honorable discharge?
, General Zwicker. P^ither tried or exonerated.
, , The Chairman. You would hold up the discharge until he was tried or ex-
onerated?
. General Zwicker. For stealing the $50; yes.
. The Chairman. But if you heard that this man was a traitor — in other
words, instead of hearing that he had stolen $50 from the corner store, let's
say you heard that he was a traitor, he belonged to the Communist conspiracy ;
that a Senate committee had the sworn testimony to that effect. Then would
you hold up his discharge until he was either exonerated or tried?
74 HEARINGS ON SENATE RESOLUTION 301
General Z wicker. I am not going to answer that question, I don't believe,
the way you want it, sir.
The Chairman. I just want you to tell me the truth.
General Zwicker. Of all of the evidence or anything that had been presented
to me as commanding general of Camp Kilmer, I had no authority to retain
him in the service.
Mr. Williams, It says "on" here — "on all of the evidence." I
think it changes the meaning.
Mr. CiiADWicK. I will read it as it is here — if it involves a correc-
tion I am sorry I said it wrong.
On all of the evidence or anything that had been presented to me as com-
manding general of Camp Kilmer, I had no authority to retain him in the
service.
The Chairman. You say that if you had heard that he had stolen $50, then
you could order him retained. But when you heard that he was part of the
Communist conspiracy, that subsequent to the time the orders were issued a
Senate committee took the evidence under oath that he was part of the con-
spiracy, you say that would not allow you to hold up his discharge?
General Zwicker. I was never officially informed by anyone that he was part
of the Communist conspiracy, Mr. Senator.
The Chairman. Well, let's see now. You say that you were never officially
informed?
General Zwicker. No.
The Chairman. If you heard that he had stolen $50 from someone down the
street, if you did not hear it officially, then could you hold up his discharge?
Or is there some peculiar way you must hear it?
General Zwicker. I believe so, yes, sir, until I was satisfied that he had or
hadn't, one way or the other.
The Chairman. You would not need any oflQcial notification so far as the 50
bucks is concerned?
General Zwicker. Yes.
The Chairman. But you say insofar as the Communist conspiracy is con-
cerned, you need an official notification?
General Zwicker. Yes, sir ; because I was acting on an official order, having
precedence over that.
The Chairman. How about the $50? If one of your men came in a half hour
before he got his honorable discharge and said, "General, I just heard down-
town from a police officer that this man broke into a store last night and stole
$50," you would not give him an honorable discharge until you had checked
the case and found out whether that was true or not ; would you?
General Zwicker. I would exx)ect the authorities from downtown to inform
me of that or, let's say, someone in a iwsition to suspect that he did it.
The Chairman. Let's say one of the trusted privates in your command came
in to yon and said, "General, I was just downtown, and I have evidence that
Major Peress broke into a store and stole $50." You wouldn't discharge him
until you had checked the facts, seen whether or not the private was telling the
truth, and seen whether or not he had stolen the $50?
General Zwicker. No ; I don't believe I would. I would make a check, cer-
tainly, to check the story.
The Chairman. Would you tell us. General, why $50 is so much more important
to you than being part of the conspiracy to destroy a Nation which you are
sworn to defend?
General Zwicker. Mr. Chairman, it is not. and you know that as well as I do.
The Chairman. I certainly do. That is why I cannot understand you sitting
there. General, a general in the Array, and telling me that you could not, would
not, hold up his discharge having received information
General Zwicker. I could not hold up his discharge.
The Chairman. Why could you not do it in the case of an allegation of mem-
bership in a Communist conspiracy, where you could if you merely heard some
private's word that he had stolen $50?
General Zwicker. Because, Mr. Senator, any information that appeared in the
press or any releases was well known to me and well known to plenty of other
people long prior to the time that you ever called this man for investigation,
and there were no facts or no allegations, nothing presented from the time that
he appeared before your first investigation that was not apparent prior to that
time.
HEARINGS ON SENATE RESOLUTION 301 75
The Chairman. In other words, as you sat here this morning and listened to
the testimony you heard nothing new?
Mr. CoHN. Nothing substantially new?
General Zwickek. I don't believe so.
The Chairman. So that all of these facts were known at the time he was
ordered to receive an honorable discharge?
General Zwicker. I believe they are all on record ; yes, sir.
The Chairman. Do you think. General, that anyone who is responsible for
giving an honorable discharge to a man who has been named under oath as a
member of the Communist conspiracy should himself be removed from the
military?
General Zwickee. You are speaking of generalities now, and not on specifics —
is that right, sir, not mentioning about any one particular person?
The Chairman. That is right.
General Zwicker. I have no brief for that kind of person, and if there exists
or has existed something in the system that permits that, I say that that is wrong.
The Chairman. I am not talking about the system. I am asking you this
question, General, a very simple question : Let's assume that John Jones, who
is a major in the United States Army
General Zwicker. A what, sir?
The Chairman. Let's assume that John Jones is a major in the United States
Army. Let's assume that there is sworn testimony to the effect that he is part
of the Communist conspiracy, has attended Communist leadership schools. Let's
assume that Maj. John Jones is under oath before a committee and says, "I
cannot tell you the truth about these charges because, if I did, I fear that might
tend to incriminate me." Then let's say that General Smith was responsible
for this man receiving an honorable discharge, knowing these facts. Do you
think that General Smith should be removed from the military, or do you think
he should be kept on in it?
General Zwicker. He should be by all means kept if he were acting under
competent orders to separate that man.
The Chairman. Let us say he is the man who signed the orders. Let us say
General Smith is the man who originated the order.
General Zwicker. Originated the drder directing his separation?
The Chairman. Directing his honorable discharge.
General Zwicker. Well, that is pretty hypothetical.
The Chairman. It is pretty real, General.
General Zwicker. Sir, on one point, yes. I mean, on an individual, yes.
But you know that there are thousands and thousands of people being separated
daily from our Army.
The Chairman. General, you understand my question
General Zwicker. Maybe not.
The Chairman. And you are going to answer it
General Zwicker. Repeat it.
The Chairman. The reporter will repeat it.
(The question referred to was read by the reporter.)
General Zwicker. That is not a question for me to decide. Senator.
The Chairman. You are ordered to answer it. General. You are an em-
ployee of the people.
General Zwicker. Yes, sir.
The Chairman. You have a rather important job. I want to know how you
feel about getting rid of Communists.
General Zwicker. I am all for it.
The Chairman. All right. You will answer that question, unless you take
the fifth amendment. I do not care how long we stay here, you are going to
answer it.
General Zwicker. Do you mean how I feel toward Communists?
The Chairman. I mean exactly what I asked you. General ; nothing else. \\ /■
And anyone with the brains of a 5-year-old child can understand that question. , \(^
The reporter will read it to you as often as you need to hear it so that you'^~''
can answer it, and then you will answer it.
General Zwicker. Start it over, please.
(The question was reread by the reporter.)
General Zwicker. I do not think he should be removed from the military.
The Chairman. Then, General, you should be removed from any command.
Any man who has been given the honor of being promoted to general and who
says, "I will protect another general who protected Communists," is not fit to
wear that uniform. General. I think it is a tremendous disgrace to the Army to
52461 — 54 6
76 HEARINGS ON SENATE RESOLUTION 301
have this sort of thing given to the public. I intend to give it to them. I have
a duty to do that. I intend to repeat to the press exactly what you said. So
you know that. You will be back here, General.
Do you know who initiated the order for the honorable discharge of this
major?
General Zwicker. As a person, sir?
The Chairman. Yes.
General Zwicker. No ; I do not.
The Chairman. Have you tried to find out?
General Zwicker. No ; I have not.
The Chairman. Have you discussed that matter with Mr. Adams?
General Zwicker. As a person, no, sir.
The Chairman. How did you discuss it with him other than as a person?
General Zwicker. I mean as an individual. This is a Dspartmeut of the Army
order.
The Chairman. Have you tried to find out who is responsible?
General Zwicker. Who signed this order?
The Chairman. Who was responsible for the order?
General Zwicker. No, sir; I have not.
The Chairman. Are you curious?
'General Zwicker. Frankly, no.
The Chairman. You were fully satisfied then, when you got the order to give
an honorable diecharge to this Communist major?
General Zwicker. I am sorry, sir?
The Chairman. Read the question.
(The question was read by the reporter.)
General Zwicker. Yes, sir ; I was.
Mr. Cohn. General, I have just 1 or 2 questions.
Ihe Chairman. Let me ask one question.
In other words, you think it is proper to give an honorable discharge to a man
known to be a Communist?
General Zwicker. No ; I do not.
The Chairman. Why do you think it is proper in this case? .1
General Zwicker. Because I was orderecf to do so.
The Chairman. In other words, anything that you are ordered to do, you think
is proper?
General Zwicker. That is correct. Anything that I am ordered to do by higher
authority, I must accept.
The Chairman. Do you think that the higher authority would be guilty of im-
proper conduct?
General Zwicker. It is conceivable.
T'e Chairman. Do you think they are guilty of improper conduct here?
General Zwicker. I am not their judge, sir.
The Chairman. Do you think to order the honorable discharge for a Commu-
nist major was improper conduct?
General Zwicker. I think it was improper procedure, sir.
The Chairman. Do you think it is improper?
Mr. Cohn. General, I just want to ask you this: Peress was discharged on
February 2, which was a Tuesday.
General Zwicker. That is right.
Mr. Cohn. He appeared before the committee on Saturday^ On Monday or
Tuesday, did you speak to anybody in the Department of the Army in Wash-
ingtf n, telephonically, about the Peress case? On Monday or Tuesday?
-~" General Zwicker. Let me think a minute.
' It is possible that I called First Army to inform them that Peress had changed
his mind and desired a discharge as soon as possible.
M". Cohn. Who would you have told in the First Army? Who would you
call? G-2, or General P>urre.ss?
General Zwicker. I don't think in that case I would call General Burress.
Mr. CoHN. General Seabree?
General Zwicker. No. It would have been G-1, or Dei>uty Chief of Staff.
:Mr. Cohn. Who is that?
General Zwicker. General Gurney.
P^Ir. Cohn. You don't remember which one it was?
General Zwicker. I don't recall that I called.
Mr. Cohn. D'd you talk to Mr. Adams in those days?
General Zwicker. No, sir.
HEARINGS ON SENATE RESOLUTION 301 77
Mr. CoHN. Did you ever talk to Mr. Adams before yesterday? You recall
whether or not you spoke to him.
General Zwicker. I know Mr. Adams, yes. There was one call, but I think
that came from a member of your committee, from Washington, requesting that
this man appear before your committee first.
The Chairman. You understand the question. Did you talk to Mr. Adams
before yesterday?
General Zwicker. I don't recall. I don't believe so, sir.
The Chairman. Did you talk to anyone in Washington?
General Zwicker. No, sir, about this case.
The Chairman. Within the week preceding his discharge?
General Zwicker. No, sir.
The Chairman. Did you at any time ever object to this man being honorably
discharged?
General Zwicker. I respectfully decline to answer that, sir.
The Chairman. You will be ordered to answer it.
General Zwicker. That is on the grounds of this Executive order.
The Chairman. You are ordered to answer. That is a personnel matter.
General Zwicker. I shall still respectfully decline to answer it.
The Chairman. Did you ever take any steps which would have aided him in
continuing in the military after you knew that he was a Communist?
General Zwicker. That would have aided him in continuing, sir?
The Chairman. Yes.
General Zwickeb. No.
The Chairman. Did you ever do anything instrumental in his obtaining his
promotion after knowing that he was a fifth-amendment case?
• General Zwickek. No, sir.
The Chairman. Did you ever object to his being promoted?
General Zwickeir. I had no opportunity to, sir.
The Chairman. Did you ever enter any objection to the promotion of this
man under your command?
General Zwicker. I had no opportunity to do that.
The Chairman. You say you did not ; is that correct?
General Zwickbhj. That is correct.
The Chairman. And you refuse to tell us whether you objected to his obtaining
jan honorable discharge?
General Zwicker. I don't believe that is quite the way the question was
phrased before.
The Chairman. Well, answer it again, then".
General Zwicker. I respectfully request that I not answer that question.
The Chairman. You will be ordered to answer.
General Zwicker. Under the same authority as cited before, I cannot answer it.
Mr. CoHN. Did anybody on your staff. General — Colonel Brown or anyone
"in G-2 — communicate with the Department of the Army on February 1 or
Pebruarv 2? In other words, in connection with the discharge?
General Zwicker. I don't know, but I don't believe so.
IMr. CoHN. To the best of your knowledge, no?
General Zwicker. No.
■ Mr. CoHN. In other words, on .January 18, 1954, you received a direction from
the Secretary, signed by the Adjutant GeTieral, I assume that is General Bergin,
telling yon to give this man an honorable discharge from the Army at any prac-
ticable date, depending on his desire, but in no event later than 90 days ; that
that was the order, and you had nothing from the order to change that order
in view of his testimony before the committee; and therefore, when the man
.came in and wanted an honorable discharge, you felt under this order compelled
to give it to him as a decision that had been made by the Adjutant General.
Is that correct?
General Zwicker. That is corrrect.
Mr. CoHN. And you received no additional words from the Adjutant General
on February 1 or February 2, and before you gave the discharge you did not
call and say, "In view of all of this, and his testimony on Saturday, and Senator
McCarthy's request for a court-martial, this man is in here now, and is that all
right?" You never made any such call?
General Zwicker. No; I did not.
" . Mr. Rainville. General. I think at one place there you said he changed his
"request to an immediate discharge? " ' '
General Zwicker. That is correct.
78 HEARINGS ON SENATE RESOLUTION 301
Mr. Rainville. Then he had previously objected to the discharge or at least
he wanted the full 90 daysV
General Zwicker. No, sir. He requested to be discharged on the 31st of
March, I think, which would make it 60 days from receipt, rather than the full
90. He did not ask for the full 90, but he asked for what amounted to 60 days,
2 months.
Mr. Rainville. Then he came in as soon as he testified, and asked for an imme-
diate discharge and it was processed routinely?
General Zwicker. That is correct.
Mr. Rainviixe. But you never thought it necessary after he appeared before
the committee or when he made that request to discuss his appearance before
the committee with him?
General Zwicker. I am sorry.
Mr. Rainville. My question is this : After he appeared before the committee
and he was still a member of your command, even though he was on separation,
you didn't ask him to come in and report what he testified to?
General Zwicker. No, sir.
Mr. Rainville. And you didn't think it was necessary when he came in and
asked for an immediate discharge instead of 60 days to ask him what transpired
so as to get some kind of an idea as to why he wanted it immediately, or why-
he is in a rush to get out now instead of taking the 60 days that he wanted
before that?
General Zwicker. That was beyond my ijrerogative. I did not.
Mr. Rainville. As an officer of your command, certainly what we usually
call the old man's privilege there, prerogative, they may ask that sort of question,
and so forth, so long as he is one of your command. But you didn't do it?
General Zwicker. No. He told me he wanted to be released, and I said,
"All right."
Mr. Jones. General did the counsel of the Army advise you not to discuss
the Peress ca.se?
General Zwicker. He did not.
Mr. Jones. He did not advise you?
General Zwicker. No, sir.
The Chairman. Who did advise you?
General Zwicker. No one.
The Chairman. What did you and Mr. Adams talk about yesterday?
General Zwicker. Mr. Adams and I talked about the various procedures of
prior meetings such as this. He tried to indicate what I might expect.
Mr. Jones. Did Mr. Adams advise anyone not to discuss the Peress case to
this committee?
General Zwicker. I am sorry. He did not advise me.
Mr. Jones. I mean to your knowledge, did he advise any other person?
General Zwicker. To my knowledge he did not.
Mr. Jones. General, what is .vour considered opinion of this order here for-
bidding you to assist this committee in exposing the Communist conspiracy in
the Army?
General Zwicker. Sir, I cannot answer that, because it is signed by the
President. The President says don't do it and therefore I don't.
Mr. Jones. What is your considered opinion of that order? You see now,
here is a perfectly good example of a Communist being promoted right in the
I'anks, all because of this Executive order here, in many respects, where we
couldn't get at these things earlier. What is your considered opinion of an
order of that nature?
General Zwicke^i. I won't answer that, because I will not criticize my Com-
mander in Chief.
The Chairman. General, you will return for a public session at 10 : 30 Tuesday
morning.
General Zwicker. This coming Tuesday?
The Chairman. Yes.
General Zwicker. Here?
The Chairman. Yes.
General Zwicker. At what time?
The Chairman. 10 : 30. In the meantime, in accordance with the order
which you claim forbids you the right to discuss this case, you will contact
the proper authority who can give you permission to tell the committee the
truth about the case before you appear Tuesday, and request permission to be
allowed to tell us the truth about the
General Zwicker. Sir, that is not my prerogative, either.
HEARIXGS ON SENATE RESOLUTION 301 79
The Chairman. You are ordered to do it.
General Zwicker. I am sorry, sir, I will not do that.
The Chairman. All right.
General Zwicker. If you care to have me, I will cite certain other portions
of this.
The Chairman. You need cite nothing. You may step down.
(Whereupon, at 5:15 p. m., the committee was recessed, subject to the call
of the Chair.)
Senator Case. Mr. Cliairman
The Chairman. Senator Case.
Senator Case (continuing). In view of the fact that one of the
amendments referred to the committee was the one by Senator Bush,
which proposes certain rules governing committee conduct, I think
we ought to have some identification of Mr, Rainville and Mr. Jones,
for the purposes of the record. To my knowledge they were not
members of the committee, and I do not know who they were, and for
the record I think they should be identified as to who they were.
They apparently participated in the interrogation.
The Chairman. We will have counsel make that identification, if it
is possible, from the record.
Mr. Chadwick. I read, Mr. Chairman, from the covering page of
the transcript as follows :
Present: Senator Joseph R. McCarthy, Republican, Wisconsin; present also:
Roy M. Cohn, chief counsel ; Daniel G. Buckley, assistant counsel ; Harold Rain-
ville, administrative assistant to Senator Dirksen ; Robert Jones, administra-
tive assistant to Senator Potter ; and James N. Juliana, investigator.
Is that the matter that you had in mind. Senator ?
Senator Case. Yes.
Mr. Williams. I might suggest, if I may, sir
The Chairman. Mr. Williams.
Mr. Williams (continuing). Since that stipulation has been of-
fered in the record, perhaps it would be well to stipulate that Mr.
Eainville and Mr. Jones were attending in lieu of the respective Sena-
tors for whom they worked, who were otherwise engaged on thaf.
occasion, which is the fact.
Mr. Chadwick. Mr. Williams, it is my recollection from other ma-
terial that that is true, but I do not have that information here. I
believe it to be true.
The Chairman. Well, that would be the probability.
The Chair will rule that the committee will take judicial notice of
the record which has just been producBd.
Have you other matters there of which the committee can take judi-
cial notice, Mr. Chadwick ?
Mr. Chadwick. I have here a certification from the Department of
the Army, Office of the Adjutant General, Washington, D. C, in the
following matter —
^te
in reply refer to AGPI-OD-S 201 Zwicker, Ralph W., O 16 878 (24 Aug 54) —
and is as follows— I may say, sir, before I commence to read, for Mr.
Williams' benefit, that on the third page appears the following
language:
By authority of the Secretary of the Army: John A. Klein, major general,
USA, The Adjutant General—
and it bears the seal.
The Chairman. What is the material contained in that statement ?
80 HEARINGS ON SENATE RESOLUTION 301
Mr. Chadwick. It is the official record in the custody of the Office
of the Adjutant General, showing the military record of Ralph W.
Zwicker.
The Chairman. The committee will take judicial notice of that, and
it will be placed in the record.
Mr. Chadwick. Reading from the word "Certificate" as follows:
I certify the official records in the custody of the Office of The Adjutant Gen-
eral show that Ralph Wise Zwicker, O 16 878, was born in Stoughton, Wisconsin,,
on 17 April 1903. He attended the University of Wisconsin for approximately
two years. He was appointed cadet to the United States Military Academy on
2 .luly 1923. Upon graduation on 14 June 1927 he was appointed a Second Lieu-
tenant of Infantry, Regular Army, accepted 14 June 1927 ; promoted to First
Lieutenant, Regular Army, 10 July 1933 ; promoted to Captain, Regular Army,
14 June 1937 ; appointed Major, Army of the United States, 4 February 1941,
accepted 6 February 1941; promoted to Lieutenant Colonel, Army of the United
States, 23 June 1942 ; promoted to Major, Regular Army, 14 June 1944 : promoted
to Colonel, Army of the United States, 16 June 1944 ; promoted to Lieutenant
Colonel, Regular Army, 15 July 1948 ; promoted to Colonel, Regular Army, 23
March 1951; appointed Brigadier General, Army of the United States, 16 March
1953.
He graduated from the United States Military Academy, 1927 ; Infantry
School, Company Officers' Course, 1933 ; Command and General Staff School,.
1942 ; Naval War College, 1945 ; National War College. 1947 : and was awarded
the educational eqiiivalent to the Armed Forces Staff College, 1947.
General Zwicker was awarded the Silver Star for gallantry in action, 6 .Tune
1944: the Legion of Merit for exceptionally meritorious conduct in the perform-
ance of outstanding services during the periods from 28 July 1944, to IS August
1944, and from 30 August 1944, to 15 October 1944; Oak Leaf Cluster to the
Legion of Merit for the period from 15 October 1944, to May 1945 ; Bronze Star
Medal with two Oak Leaf Clusters ; Commendation Ribbon with Metal Pendant.
Extracts of the citations for these awards are attached.
His combat record began in April 1944 when he went to Europe as Com-
manding Officer of the 3Sth Infantry Regiment ; he served in this capacity until
May 1945 ; his commander said of him during this i)eriod : "Mentally energetic,
self-reliant and considerate. He has an exceptionally pleasing personality,
mixes well and inspires confidence." From July 1945, to December 1945 he
attended the Naval War Collesre, graduating with a rating of "Superior."
From January 1946 to Au.enist 1946 be was Assistant to the Assistant Chief of
Staff, G-3, Army Ground Forces, Washington, D. C. His superior officer said
of him : "exceptionally able and experienced, cooperative, professionally well
qualified for any staff or command assignment. Possesses good judgment and
commonsense to a marked degree." From September 1946 to June 1947 he at-
tended the National War College, graduating with a rating of "Superior."'
The Commandant of the College said of him : "He has shown special aptitude
for duty with highest combined or joint staffs." From .Tune 1947 to April 1949
be was Chief of Organization Branch. Organization-Requirements Group, Organi-
zation and Training Division, General Staff, United States Army, Department
of the Army, Washington, D. C. His superior officer said of him : "An officer
of the highest type in character and ability. Seeks responsibility, demonstrates
Initiative and force in his work." From April 1949 to July 1949 he was Deputy
to the Special Assistant to the Chief of Staff, IT. S. Army for Civilian Component
Affairs, in the Office Chief of Staff, Washington, D. C. His superior officer said
of him : "A superior, bisrh type officer with a great deal of initiative and ability.
High sense of duty. Reasons to logical conclusions and puts them into effect.
Has capacity for leadership and hi'^h command and is general officer material."
From August 1949 to August 1950 he was Deputy Director, Operations and
Trainin? Division, Headquarters, European Command. From August 19.50 to
May 1952 he was Commanding Officer. 18th Infantry Regiment, Europe. His
commander said of him : "An officer with extremely hi.gh standards. Has a fine
background of combat and staff experience. I consider him well qualified to be
a general officer." From June 19.52 to January 1953 be was a member of Military
Faculty Committee No. 1. National War College. His superior officer said of him :
"He is considered to be exceptionally well qualified for high command or staff
assignments: is fully qualified and is hierhly recommended for promotion to
general officer rank." From February 1953 to June 1953 he was Assistant
HEARINGS ON SENATE RESOLUTION 301 81
Division Commander, 5th Infantry Division, ludiautown Gap IVIilitary Reserva-
tion. His commanding general said of him : "A superior general officer, in-
telligent, energetic, and extremely loyal." From July 1953 to August 1954 he
was Commanding General, Camp Kilmer, New Jersey. His superior officers
said of him : "Loyal, dependable, level headed and mature in judgment," and
^'Outstanding officer, fine character and integrity."
General Zwicker is presently under transfer orders to Army Forces, Far East,
for assignment within that theater, departing on 27 September 1954.
By authority of the Secretary of the Army :
John A. Klein.
Major General, US!A,
The Adjutant General.
1 Incl. : Extract of Citations.
There is a note, "One enclosure, extract of citations," and the matter
is rendered under seaL
The extracts from the citations which are referred to in the order
are as follows :
Silver Star: For gallantry in action on the coast of Normandy, 6 Jun 44.
Bronze Star Medal : The 2d Inf Div was heavily engaged before Hill 192 in
Normandy, France at the time Col Zwicker as.sumed command of the 38th Inf
Regt. His responsibilities were exceedingly grave, due first, to the assumption
of command while units were in contact ; secondly, to the fact that Germany
defensive positions possessed high ground and observation. Nevertheless, Col.
Zwicker capably directed combat operations and guided his command in a most
commendable manner through the campaign of Normandy.
Bronze Star Medal : In mid-August, the 2d Inf Div moved to Brest on the
Brittany peninsula in France. The reduction of Brest involved detailed and
continuous coordination of arms in order to eliminate Germany defensive posi-
tions prepared with great skill over a period of four years. The 38th Inf Regt,
commanded by Col Zwicker, contributed materially to the methodical progress
which enforced surrender of the garrison on IS Sep 1944.
Bronze Star Medal : For meritorious achievement against an armed enemy
during the period June 1944 to May 1945.
Legion of Merit : The bitter fighting during the fall and early winter in
Germany was followed by the German counter offensive in December, which tem-
porarily halted all forward progress. The enemy penetration was stopped as
the Division aided immeasurably in holding the northern hinge of the bulge near
Camp d'Elsenborn, Belgium. The hardships and long hours were extremely
wearing on physical strength and demanded utmost care to direct and guide
various elements of the Division. Col Zwicker capably coordinated and super-
vised the joint efforts of both staff and command during this period.
Army Commendation Medal: For outstanding achievement in planning and
developing the organization of the proposed new Infantry Division (15 Jan 47).
The Chairman. Does that cover the record matter that the com-
mittee decided to take judicial notice of, Mr. Chadwick?
Mr. Chadwick. Mr. Chairman, this is a certified paper, but I would
like, because of the difficulty of transcribing, for the stenographer to
have it available for checking purposes against his transcript, to be
returned to me.
The Chairman. It may be received in evidence as exhibit No. 2.
(Tlie document referred to was marked "Committee Exhibit No. 2"
and will be found in the files of the committee.)
Mr. Chadwick. That, sir, comjirises our presentation on the fifth
point of our evidence relating to Ralph W. Zwicker, general. United
States Army.
Mr. Williams. I am sorry, I didn't understand what you just said.
Mr. Chadwick. I said that comprises all of our presentation on
point 5 with relation to Gen. Ralph W. Zwicker.
I mean, however, it is understood we have the right to return to
this subject before we complete our entire case. That is what I have
to present at this moment on that point.
82 HEARINGS ON SENATE RESOLUTION 301
The Chairman. Mr. de Fiiria, are you ready to proceed with the
next matter ?
Mr. DE FuRiA. We are, Mr. Chairman, if you desire us to do so.
The Chairman. I will advise you, Mr. Williams, that counsel thinks
that the evidence the committee has gathered together on two other
categories can be covered tomorrow.
The report, or series of reports rather, in the Army-McCarthy con-
troversy have not been examined by us at all. Obviously there are
some matters referred to tliere that concern this committee and which
have been referred to us, so at tliis point we will recess the public hear-
ing until tomorrow morning at 10 o'clock.
Just a moment before you leave. The committee will go into execu-
tive session. We have matters to consider, so we will continue in
executive session.
Will our friends kindly leave the room so that we may go on with
our meeting?
(Whereupon, at 2 : 23 p. m., the hearing recessed to reconvene
Thursday, September 2, 1954, at 10 a. m.)
HEAEINGS ON SENATE EESOLUTION 301
thursday, september 2, 1954
United States Senate,
Select Committee To Study Censure Charges Pursuant
TO Senate Order on Senate Resolution 301,
Washington, D. C.
The select committee met, pursuant to recess, at 10 : 05 a. m. in the
caucus room. Senate Office Building, Senator Arthur V. Watkins
(chairman) presiding.
Present: Senators Watkins (presiding) , Johnson of Colorado (vice
chairman), Stennis, Carlson, Case, and Ervin,
Also present: Senator McCarthy; E. Wallace Chadwick, counsel
to the committee: Guy de Furia, assistant counsel to the committee;
John M. Jex, clerk of the committee ; John W. Wellman, staff member ;
Frank Ginsburg and Ray R. McGuire, members of Senator Watkins'
staff on loan to the committee ; and Edward Bennett Williams, counsel
to Senator McCarthy, with his associates, Agnes A. Neill and Brent
Bozell.
The Chairman. The committee will resume session.
Mr. Chadwick, will you proceed with the presentation of the docu-
mentary matter which the committee has taken judicial notice of ?
Mr. Chadwick. Mr. Chairman, we will proceed with the matters
embraced within point 2 of the notice heretofore given and read into
the record :
Incidents of encouragement of United States employees to violate the law.
I will read from that notice the appropriate excerpts from amend-
ments offered to Senate Resolution 301 by several Senators :
A. Amendment proposed by Mr. Fulbright to the resolution (S. Res. 301) to
censure the Senator from Wisconsin, Mr. McCarthy, viz: "(5) The junior Sena-
tor from Wisconsin openly, in a public manner before nationwide television,
invited and urged employees of the Government of the United States to violate
the law and their oaths of office."
B. Amendment proposed by Mr. Morse to the resolution —
in question —
viz: "(e) openly invited and incited employees of the Government to violate
the law and their oaths of office by urging them to make available information,
including classified information, which, in the opinion of the employees would
be of assistance to the junior Senator from Wisconsin in conducting his investi-
gations, even though the supplying of such information by the employee would
be illegal and in violation of Presidential order and contrary to the constitu-
tional rights of the Chief Executive under the separation-of-powers doctrine."
C. Amendment proposed by Mr. Flanders to the resolution (S. Res. 301)
* * * viz: "(14) He has publicly incited Government employees to violate their
security oaths and serve as his personal informants, thus tending to break down
the orderly chain of command in the civil service, as well as violating the
security provisions of the Government."
83
84 HEARINGS ON SENATE RESOLUTION 301
Mr. Williams. Mr. Chaii-man
The Chairman. Mr, Williams.
Mr. Williams. I wonder if you could furnish us, sir, with a copy of
the documentary evidence which Mr. Chadwick proposes to introduce
this morning so that we might follow it along.
The Chairman. Do you have copies of the documentary evidence,
Mr Chadwick?
Mr, Chadwick. Mr. Chairman, I think we can find separate copies
to be delivered to Mr. Williams. I will have to turn to my assistants
for that.
Senator Stennis. Do you have copies for the committee members?
The Chairman. Do you have copies for the committee?
Mr. Chad^vick. I am afraid we do not have that many copies.
Mr. Williams. I would rather have a committee member liave mine,
if there is any choice to be made.
Senator Stennis, No. My suggestion was secondary to the counsel.
1 think he is entitled to the document.
The Chairman. Yes.
Senator Johnson. Surely.
Senator Stennis. Surely.
The Chairman. I think if I remember correctly that the material
will be taken from the hearing records of the Army-McCarthy con-
troversy, and I assume that counsel has a copy of that, and the page
number.
Mr. Williams. That was a pretty long controversy, though. Senator
Watkins, and I could not carry it all down here this morning.
The Chairman, I realize that. And I hope we have copies for you.
Mr, Chadwick, I am in difficulty with respect to this, Mr. Wil-
liams, only for this reason. We have our four working trial briefs to
which I intended to refer, but I relieved two of my assistants this
morning to pursue inquiry outside. They have their copies with
them. Mr. de Furia needs his copy. I have mine.
You understand the dilemma in which I find myself. If you had
asked me yesterday — please do not think I am criticizing you — but if
vou had asked me yesterday, I would have been better prepared on
this.
You can be assured, of course, that we are reading from the records
of the committee. But that is not very helpful to you, sir.
Mr. Williams. Did I understand you to say that you had four,
Mr. Chadwick?
Mr. Chadwick. Four working copies.
Mr, Williams, May we not have at least one of those so that we
can follow the evidence ?
Mr. Chadwick. I don't believe you understood me. Two of them
are in the possession of gentlemen who are not here. Mr. de Furia,
my assistant, must have his copy.
If the chairman will indulge us, w^e will send a messenger imme-
diately upstairs to our room to see if we can get these papers.
INIr. Williams. All right.
The Chairman. We will pause a moment here while we untangle
this difficulty.
(Discussion off the record.)
The Chairman. The committee will resume session.
HEARESTGS ON SENATE RESOLUTION 301 85
Mr. Chadwick. I understand, Mr. Chairman, that Mr. Williams
now has copies of the matter, and we can proceed in course.
Mr. Chairman, I ask the committee to take judicial notice that the
Army-McCarthy hearing under Chairman Mundt was public and was
televised nationally.
The Chairman. The committee will take such notice.
Mr. Chadwick. I offer and read into evidence certain excerpts from
the transcript of the Army-McCarthy hearing before the Perma-
nent Subcommittee on Investigations of the Committee on Govern-
ment Operations on May 27, 1954, May 28, 1954, June 15, 1954, and
June 16, 1954, at the following pages indicated, asking the committee
to take judicial notice thereof.
The Chairman. That will be the order.
Mr. Chadwick. I suggest that the counsel for Senator McCarthy
should and no doubt will, be accorded the right to offer any other
relevant and material excerpts from such transcript.
The Chairman. Well, that is provided for and there is no necessity
for notice to be served upon Senator McCarthy. That, of course,
has been the ruling and understanding of the committee all along.
We want to get all the relevant and pertinent evidence, no matter
where it leads, as long as it will give light on the charges that are
before the committee.
We are doing that for the benefit of the Senate as well as for the
members of this particular select committee. You may proceed, Mr.
Chadwick.
Mr. Chadwick. I am about to read from page 3915, May 27, 1954,
in volume 22. I ask Mr. Williams if that is conveniently at hand to
him.
Mr. Williams. Yes.
The Chairman. You may proceed.
Mr. CHAD^VICK (reading) :
Senator McCarthy. Mr. Chairman, in view of Senator McClellan's statement
and his request, I would like to make it clear that I think that the oath which
every person in this Government takes, to protect and defend this country,
against all enemies, foreign and domestic, that oath towers far above any
Presidential secrecy directive. And I will continue to receive information such
as I received the other day. In view of Senator IMcClellan's statement that he
feels that it is a crime for someone to give me information about traitors in
Government, I am duty-bound not to give the Senator the names of those
informants.
Mr. Williams. Mr. Chairman, I,^ of course, recognize that this
evidence has to be introduced piecemeal from the record. And I cer-
tainly am cognizant of the fact that we have the right in the sense
to offer such portions of the record as we choose.
The Chairman. So long as it is relevant and material to this issue.
Mr. WiLLL4MS. Yes, that would be for the Chair to decide.
The Chairman. I want to make that clear now, because we could
not have just everything offered. I am sure you would not attempt
to do that, either.
Mr. WiLLL^MS. I would not.
The thing that disturbs me, however, is that what Mr. Chadwick
has just read does not present the full picture, and it is almost out of
context, because antedating this colloquy which he is reading there
is a colloquy which makes it clear what Senator McCarthy had refer-
ence to when he said, "I will continue to receive information such as
86 HEARINGS ON SENATE RESOLUTION 301
I received the other day." And I will have to get the pagination for
the committee.
The Chairman. If yon can do that, Mr. Williams, we would be vei*y
glad to put that in, because I can see very clearly that there ought to
be enough of the background so tJiat we would not be taking the state-
ments out of context.
Mr. WiLLiAMw. I have that here, sir. I have the quote to which I
have reference. It may be that the committee
The Chairman. Would you submit it to Mr. Chadwick and we will
probably have it read or take a look at it.
Mr. Williams. I can read it in just a sentence — it is just a sentence
long — two sentences.
The Chairman. Give us the page, and so on.
Mr. Williams. I have not the page. Tliat is why I want to read it.
Maybe we can have some help here in finding it.
So far as I am concerned, I would like to notify those 2 million Federal em-
ployees that I feel it is their duty to give us any information which they have
about graft, corruption, communism, treason, and that there is no loyalty to a
superior officer which can tower above and beyond their loyalty to their country —
in other words, from the "which Mr. Chadwick has made'' it is not
clear what information is referred to, but if you read the entire context
it becomes apparent that reference is made to information on graft,
corruption, communism, and treason in the executive branch of the
Government. I feel that should go in, and I think that we ought to
find that here in this.
The Chairman. We will accept it on your statement. Was that
prior to the material that Mr. Chadwick was just reading — did that
occur
Mr. Williams. Yes, sir.
Senator Carlson. I have a copy here of some notes, and a letter
from Senator Wayne Morse in which he copied that quote, and that is
found in transcript volume 22, page 3918.
Mr. Williams. I find it now.
The Chairman. Just a moment.
Mr, Williams, I am advised by our staff that the one you just read
is the next one.
Mr. Williams. I see.
The Chairman. The next one is the one that counsel for the com-
mittee intended to read.
Mr. Williams. Good. I think that places this whole thing in
proper context.
The Chairman. We intend to do just what you advised and sug-
gested should be done.
If, inadvertently, by not covering the entire record, we have left
anything out, we will be only too happy, as we advised you last night,
to receive suggestions, anything we can do to help get all the evidence
that is relevant and material to the issues here.
Mr. Williams. Thank you, sir.
The Chairman. And we renew that offer now. If you have any
leads or any suggestions or any clues that will help us get evidence or
material relevant to these charges that you think ought to be in, for
the information of the committee and the United States Senate, of
course, for which we are working, then we will be very glad to put
d
HEARINGS ON SENATE RESOLUTION 301 87
the staff to work on those matters, because this is to be an all-out
investigation to get all the facts, no matter who they help or hurt.
Mr. Chadwick. Mr. Chairman, may I be allowed a word with Mr.
Williams ?
The Chaikmax. Yes.
Mr. CHADA\acK. I understood from you that the matters which you
read preceded what I had just read.
Mr. Williams. I was obviously in error on that, Mr. Chadwick,
because Senator Carlson just corrected me and said it came 3 pages
later. But my original position is the same, that it was part of the
original context to which he had reference when he made the statement.
Mr. Chadwick. In the next succeeding page, which I will reach in
half a minute, is the material to which you refer.
Mr. WiLLL^MS. I appreciate that.
The Chairman. Proceed with the reading,
Mr. Chadwick. Mr. Chairman, with your permission, I will start
again with the paragraph I read in order that I may know what the
continuity is here :
Senator McCarthy. Mr. Chairman, in view of Senator McClellan's statement
and his request, I would like to make it clear tliat I think that the oath which
every person in this Government takes, to protect and defend this country,
against all enemies, foreign and domestic, that oath towers far above any Presi-
dential secrecy directive. And I will continue to receive information such as I
received the otlier day. In view of Senator McClellan's statement that he feels
that it is a crime for someone to give me information about traitors in Govern-
ment, I am dutybound not to give the Senator the names of those informants.
Senator McClellan. I just want to get it straight.
Senator McCarthy. May I say that tliat will be my policy. There is no power
on earth that can change that.
Again, I want to compliment the individuals who have placed their oaths
to defend the country against enemies, and certainly Communists are enemies,
above and beyond any Presidential directive. And none of them — none of
them will be brought before any grand .iury because of any information that I
give. If any administration wants to indict me for receiving and giving the
American people information about conununism, they can just go right ahead
and do the indicting.
I now read, Mr. Chairman, from page 3918, the hearing on May
27, 1954, from volume 22.
The Chairman. Still speaking of the Army-McCarthy controversy
hearings.
Mr. Chadwick. Yes, sir. These are all applicable to that :
Senator McCarthy. I am at this point de.eply concerned to find my two Dem-
ocrat colleagues in effect notifying the 2 million people who work for this
Government that they think it is a crime for those employees to give the chair-
man of an investigating committee evidence of Communist infiltration, treason.
I think that will serve to discourage them. As far as I am concerned, I would
like to notify those 2 million Federal employees that I feel it is their duty to
give us any information which they have about graft, corruption, communism,
treason, and that there is no loyalty to a superior officer which can tower above
and beyond their loyalty to their country. I may say that I hope the day comes
when this administration notifies all Federal employees that any information
which they have about wrongdoing should be given to any congressional com-
mittee which is empowered to take it.
I now read from page 4260 of the same matter, in volume 23, with
respect to the date of May 28, 1954:
Senator McCarthy. I may say, Mr. Chairman, that I have instructed a vast
number of these employees that they are dutybound to give me information
even though some little bureaucrat has stamped it "Secret" to protect himself.
88 HEARINGS ON SENATE RESOLUTION 301
From page 6796 of tlie hearing on June 15, 1954, appearing in vol-
ume 34:
Senator McCarthy. IMr. Carr, can yon think of any reason why the old Tru-
man blackout order of 1948 should be maintained in effect as of 1954?
Mr. Cark. No, sir.
Senator McCarthy. Just one further question. If our committee is to per-
form its function, it is imperative, is it not, that every blackout order, re-
gardless of whether it is Truman's or anyone else's be cancelled instanter.
Mr. Williams- Mr. Chairman
Mr. Chadwick. Excuse me. Let me read
The Chairman. Mr. Williams, let the counsel finish the reading.
Then I will recognize you.
Mr. Chadwick. Just one more line, sir :
Mr. Carr. I think that is correct, sir.
I pause.
The Chairman. Mr. Williams.
Mr. Williams. Mr. Chairman, I listened with interest as Mr. Chad-
wick read this last excerpt from the record, and it seems to me that
it is not at all germane to the charge which was categorized under
count 2, because, as I understand the language that has just been read,
Senator McCarthy is asking a witness as to the advisability of chang-
ing the directive of the executive branch. He is not there asking that
anyone override that directive, I do not see how that is germane to
the charge that he urged employees not to follow the directive.
The Chairman. I will say I do not have a copy of the material
read, and my attention was diverted momentarily from the reading.
So I will ask Mr. Chadwick to read it again.
Mr. Chadwick. The excerpt reads as f ollow^s :
Senator McCarthy. Mr. Carr, can you think of any reason why the old Truman
blackout order of 1948 should be maintained in effect as of 1954?
Mr. Carr. No, sir.
May I suggest that there is a special pertinency in respect to the
interrogation from the Senator addressed to Mr. Carr ?
The Chairman. Will you explain what it is?
Mr. Chadwick. My recollection is that Mr. Carr was associated
with the committee of which Mr. McCarthy was the chairman.
The Chairman. At the same time, Mr. Carr was a witness.
Mr, Williams. Won't you read the next question, Mr. Chadwick,
because that demonstrates the point tliat I make here — that the ques-
tion is rather directed to Mr. Carr asking his opinion on whether or
not it is a good thing to have that administrative or Executive order
in effect? It is not the thought of anyone to disregard it. It goes
to the wisdom of keeping the order in effect, which is entirely outside
the charge. I am sure there is no charge against Senator McCarthy
here for having an opinion that the Executive order is unwise.
The Chairman. I will ask Mr. de Furia to respond to what you
have said.
Mr. DE Furia. Mr. Chairman, the difficulty here, of course, is for
committee counsel, which were instructed to present all the testimony
in this case, whether it bore one way or bore the other way, to desig-
nate and read into the record a set of particular excerpts which would
be fair.
Now, the rule of evidence, of course, is that evidence may be com-
petent, relevant, and material, and it is admitted into the record.
HEARINGS ON SENATE RESOLUTION 301 89
How much weight shall be given to any particular part of the evidence
is for the court, or, in this case, for the committee.
We suggest, Mr. Chairman, that these questions and answers shed
some light on the mental processes of Senator McCarthy with refer-
ence to this particular problem, and we feel it is evidence that the
committee should properly weigh. Now, it may be there are other
pails of this testimony, there are other sentences, there are other ques-
tions, that should be incorporated in the record.
So far as committee counsel is concerned, we have no objection to
that whatever, but we think that the committee should permit the
reading of all these excerpts in a continuous fashion, and that will
give a clear picture of what we are trying to delineate, sir.
Mr. Williams. I understand now the counsel's position. He is not
offering this as evidence in support of the charge itself that there
was an encouragement of employees
The Chairman. On the other side, it may show that the charge
is groundless, and that is in line with the policy we have adopted.
Mr. Williams. I thought the record should be clear on that, sir.
The Chairman. The matter will be received.
Proceed.
Mr. CiiADWiCK. I will now read from page 7013 of the hearing on
June 16, 1954, volume 35. Are you ready, Mr. Williams?
Mr. Williams. Yes, sir.
Mr. Chadwick (reading) :
Senator McCarthy. Senator —
addressing Senator McClellan —
may I say that the law is very clear. Back in 1912 there was a hassle pretty
much on the order of what we have today. At that time my predecessor, Sen-
ator Bob La Follette, Sr., introduced a bill which was passed. As far as I know,
it is still the law today.
It provides that every individual in civil service has the right to furnish "in-
formation to either House of Congress or to any committee or member thereof,"
and that right shall not be interfered with.
Aside from the reading, starting with the word "information" and
ending with the word "thereof" are quotation marks.
I read from page 7013 continuing :
Senator McClellan. Does that not mean legal information? That doesn't
refer to someone taking a classified document and passing it out.
Senator McCarthy. 1 think you are completely wrong, Senator. I don't
think any Government employee can deny the people the right to know what the
facts are by using a rubber stamp and stamping something "Secret."
Senator McClellan. This is a legal question.
Senator McCarthy. I don't think it is a close question at all. I don't think
it is even a close question.
I read consecutively from the same documents at page 7014 the
following :
Senator McCarthy. Senator-
addressing Senator McClellan —
may I make it very clear that there is no question about it. Regardless of who
tries to sustain me or vice vei-sa while I am chairman of the committee I will
receive all the infonnation I can get about wrongdoing in the executive branch.
I will give that information to the American people.
I read from page 7017 :
Senator McCarthy. May I say. Senator —
90 HEARINGS ON SENATE RESOLUTION 301
Dirksen; I supply the reference because the record reads "Senator."
[Continuing:]
May I say. Senator, I think you have raised and covered the point so vpell it
doesn't require any answer of any kind. I personally feel that the oath v?hich
every individual takes to defend this country against all enemies, foreign or
domestic, places upon him the heavy responsibility to bring to the Congress
any information of wrongdoing where the matter is not being taken care of
properly by his superiors.
I may say, Senator, that I feel strongly that it isn't even a close question.
I think that oath to defend our country against all enemies, foreign and domestic,
towers above and beyond any loyalty you might have to the head of a bureau or
the head of a department.
Mr. Williams. Mr. Chairman.
The Chairman. Mr. Williams.
Mr. Williams. I am sorry to interrupt, sir, but I feel that in order
to place that in context, it is necessary to read the one paragraph of
expression from Senator Dirksen that appears just before that, so we
will know what position Senator McCarthy herein is adopting. Other-
wise it seems to be meaningless.
I would ask you just to read that. I will hand it over to you, if you
will.
Mr. Ciiadwick. We would like to see it, sir.
Mr. Williams. All right.
The Chairman. The Chair will rule that the statement made by
Senator Dirksen immediately preceding the information on the record,
the quotation that was just read, should be reecived.
Mr. Chadwick. I read the testimony, all the statement of Senator
Dirksen, at page 7017 of the transcript immediately preceding the
last paragraph read by me.
The Chairman. Just a moment, Mr. Chadwick. Senator Dirksen
was not testifying, as I recall it, that morning. He was merely a
member of the committee, and you referred to it as testimony.
Mr. Chadwick. I intended not to. Perhaps I did identify it as
testimony or a statement. I have not had time to go over it.
The Chairman. 1 think it is a statement. I think at one time prob-
ably he was sworn and did testify.
Mr. Chadwick. I amend anything I have said before, and quote
the following statement of Senator Dirksen, published at page 7017
of the same transcript as we have been using.
It is a question that admits of no easy solution. You might approach it
legalistieally or try to look at all sides. I am wondering about a case like this:
Let's assume that a document in a file which two men have knowledge which,
if it fell into the hands of the enemy, could be regarded as giving aid and comfort
to the enemy, which is the accepted definition for treason. Suppose 1 of the 2
should say, "I have a friend who will transmit this to the enemy." And the
other admonished him of his duty to his country, and then went to complain
to his superior about it and got no satisfactory answer, and then called it to
the attention of some Member of the House or the Senate. Legally and morally,
where do you draw the line where the security of the country is involved? It
might be a clear case of treason. Should 1 of the 2 individuals with an in-
grained sense of loyalty and devotion say, "This is treason if you give it, and
while I get no comfort from my superior by telling him that you have this in
mind, I will call up one of the Senators and tell him about if."
The question is, not what about the legal aspect, but what about the moral
aspect that is involved as well?
That is the end of the quotation as I understand, that Mr. Williams
desired to be read.
HEARINGS ON SENATE RESOLUTION 301 91
The Chairman. Does that cover what you wanted, Mr. Williams?
Mr. Williams. Yes.
The Chairman. Thank you for calling it to our attention.
Mr. Chadwick. It is possible that in reading the number 7017 from
the transcript, I misquoted one of the figures. I repeat it again, I
think, for the third time, this is at page 7017 of the transcript.
Mr. Chairman, I proceed to read in order from page 7022 of the
transcript in question :
Senator Symington. Now, I understand you believe, as permanent c-bairman
of the Subcommittee on Investigations, you are an authorized person to receive
classified documents; is that right?
Senator McCarthy. I am an authorized person to receive information in regard
to any wrongdoing in the executive branch. When you say "classified docu-
ments," Mr. Symington, certainly I am not authorized to receive anything which
would divulge the names of, we will say, informants, of Army Intelligence,
anything which would in any way compromise their investigative technique,
and that. sort of thing. But as chairman of this watchdog committee, I think
that is what you call it, I feel I am in duty bound to receive any information
about wrongdoing.
1 now read from page 7026 to page 7028 of the same transcript :
Senator McCarthy. Could we now — you [Senator McClellan] and I — both
say to the public you will either be the chairman or the ranking Democrat mem-
ber, I will either be the chairman or the ranking Republican member. Can we
now say to the public, say to the people who are working in Government, that
if they know of any wrongdoing, that no phony stamp of secrecy or classification
should keep that from the Congress? Can we agree now, John, that if anyone
brings you information or me infoi'mation, if they do that in a confidential
manner, that their names will not b? made public? If we do that
Senator McClellan. I will state my position very frankly. If they do it legally,
no, their names will not be given out. I will not protect people in crime. Now,
if it is a crime, that is the issue I am ti-ying to get settled ; but if you want
to take the other position, that is your privilege. But I say, frankly, that
I will not protect people in crime against my Government. As to giving in-
formation, I don't blame you for the position you. took with respect to the
one who gave you the document, if you felt that it was legal, and you had a right
to take it. I would certainly agree with you that you were under no obligation
whatsoever to give his name. That is the position I take. Bvit I go back to the
position, at all times, that I will not condone crime. I don't know what your
position is.
Senator McCarthy. Senator, could we do this — and I don't want to pursue
this any further because we are all trying to end up these hearings — can we
agree that if anyone in Government knows of any wrongdoing, whether it is theft,
whether it is treason, whether it is Communist infiltration, that if they come to
you or if they come to me. that we will consider that they ai-e doing their duty,
and that they are not guilty of any crime, because the law says they have a right
and the dut.v" to do it? They take an oath .of office to protect this Nation. If we
could agree upon that, Senator
Senator McClellan. That is your position.
Senator McCarthy. May I finish? If we coiild agree on that, then I think that
much of this time, which might otherwise be considered wasted, would not be
wasted.
Senator McClellan. May I say to you, in answer to that, if one brings to me a
classified document, and I am of the opinion he has violated the law, then I will
be under no obligation to keep his name secret. And until you can settle that
question, I cannot follow
I now read from the same transcript at pages 7034-7035 :
Senator Symington. I am for a government of law and not men.
Now, may I continue with the questioning? As I understand, Senator, going
back to the last one, do you believe, as chairman of the Permanent Committee on
Investigations, you are an authorized person to receive classified documents; is
that right?
52461—54 7
92 HEARINGS ON SENATE RESOLUTION 301
Senator McCarthy. First, Senator, I assume when you made that comment,
that you may have wanted me to comment on it. I would say, when you made
that profound statement that crime is wrong, I ayree witli you.
No. 2, your question is whether, as chairman of the Investigating Committee I
am entitled to receive classified documents.
Senator Symington. AVill the repoi'ter i-ead the question, please, because the
Senator did not get it?
Senator Mundt. The reporter will read the question.
(The reporter read from his notes as requested.)
Senator McCarthy. The answer to that, Mr. Symington, is that no one can
deny us information by stamping something "Classified.''
Senator Symington. I am sorry. Senator, I didn't hear you.
Senator McCarthy. I said the answer to that is that no one can deny us
information, deny the American people information, by stamping it "Classified."
Senator Symington. Regardless of whether it is top secret, Q-clearance, or
secret?
Senator IVIcCarthy. It isn't a question of the stamp on it. We should not re-
ceive or get any information which gives the names of any informants of any
investigative agency, anything that discloses their investigative technique or
anything which might endanger the Nation's security. We have not.
I read from page 7037 of the same transcript :
Senator McCarthy. Any committee which has .iurisdiction over a subject has
the right to receive the infoi-mation. The stamp on the document, I would say,
is not controlling. Any evidence of wrongdoing should be made available to the
people, especially when it has to do with treason.
Senator Symington. Regardless of instructions from his superior, anybody
can decide themselves, regardless of the classification of a document, if they
believe that it is wrong, whatever their superior does, therefore they have the
right to tell it to a congressional conmiittee, is that right?
Senator IMcCarthy. Senator, so that there is no question, let me repeat again,
anyone who has evidence of wrongdoing, has not only the right but the duty to
bring that evidence to a congressional committee.
Just one minute.
Mr, Williams. I do not think you finished that statement of Senator
McCarthy, Mr. Chadwick. There is another sentence. He was
answering.
Mr. Chadwick. I finished it as my notes have it appear, sir. If
there is another sentence, I will be very glad to have you read it.
Mr. Williams. The answer was not complete. That is all I call
your attention to.
Mr. Chadwick. Mr. de Furia, will you get the copy, and let us see
what the question is ?
Mr. Williams The last sentence was this, and I am quoting :
Now, Alger Hiss, you see, if you followed your line of reasoning, Senator,
Alger Hiss would not be in jail. Alger Hiss could stamp the information about
himself secret and top secret. You just can't do that.
That is the complete answer.
The Chairman. We have no objection. That should go in.
Mr. Chadwick. I ask the chairnum's indulgence for just a moment.
Mr. Chairman, that completes the matters' which w^e desire to sub-
mit to your attention under point 2 of our notes.
The Chairman. Y(.»u mean, point 2 of the charges as the committee
decided to take them ?
Senator Case. Mr. Chairman.
The Chairman. Senator Case.
Senator Case. There are some things I should like to see placed in
the record, and I suggest that the staff get them and prepare to intro-
duce them at an appropriate time :
HEARINGS ON SENATE RESOLUTION 301 93
1. I think the record should have a copy of the oath of office which
Federal employees do take;
2. I should like to see the appropriate paragraph from the Legisla-
tive Reorganization Act which deals with the authority of what was
then designated as the Committee on Expenditures' in the Executive
Departments, and is now knoAvn as the Committee on Government
Operations ;
3. The paragraph from the rules of the Senate which recites the
jurisdiction of the committees as pertaining to the presently desig-
nated Committee on Government Operations;
4. Appropriate sections, if any are now applicable, from the act
which Senator McCarthy referred to as having been introduced by
his predecessor. Senator LaFollette :
5. Appropriate sections or paragraphs from the Espionage Act
relative to the handling of classified material ;
6. The law, or appropriate sections therefrom, relative to the powers
of employees or officers in the executive branch of the Government
to classifiy or declassify documents ; and
7. Any references in the statute, if there be such, which define the
responsibility of those who have access to classified material, with
respect to reporting to their superiors any violations of law in the
handling of such classified material.
The Chairman. Senator Case, the suggestions are all very good,
and we thank you for them.
I will say that committee counsel and staff had anticipated the
need for all that information, and rather than break up the continuity
of the testimony itself, we decided to place it immediately following
the conclusion of each one of these testimony readings. That will.be
inserted in the hearings at the appropriate points.
Senator Case. I have no objection to where.it comes in, Mr. Chair-
man. It may be that part of it will be covered in the presentation on
the next category.
The Chairjvian. I think they are all good suggestions. I just con-
ferred a moment ago with Mr. Chaclwick, and he asked the very ques-
tion that you had in mind, where they are to be put in — should we
put them in now or at the conclusion of each phase of the testimony.
I think the proper thing to do is probably to insert them there, and
it is not necessary to read them at this time, all of those sections of the
law, unless the committee members want it. If the committee mem-
bers want it, we can have that done nOw.
They are mostly legal matters. They are quotations from the stat-
utes and they will ordinarily come in under the legal phase of this
investigation.
Mr. Williams. I assume that ruling pertains also to us, Mr. Chair-
man. We have, of course, a legal position on this, but I assume from
your rulings of the other day you prefer to hear that in defense.
The Chairman. That's right. Well, you can suggest then. Even
though you put them in later, we will try to put them along with the
committee investigations at the same point in the record. Will that
be satisf actoiy ?
Mr. Williams. We will wait until we go to the defense.
The Chairman. I think unless the committ-ee objects, the proper
time to do that is after we have concluded the testimony, and then
94 HEARINGS ON SENATE RESOLUTION 301
inserts can be made following each one of these categories of the
legal matters that should be taken into consideration.
Mr. Williams. Yes, sir.
The Chairman. It will not consume then the time of the committee
to receive it now. Is there any objection to that course, Senator Case?
Senator Case. No; no objection at all. I just thought we ought to
have it for the benefit of the committee as we study and review the
evidence, and also that it should be available conveniently for the con-
sideration of the Senate when the committee makes such a report.
I learned by talking with the assistant counsel, Mr. de Furia, that
at least part of what I have asked for will probably be presented in
connection with the next classification, and, of course, any part that
is presently completely there, I mean that is responsive to the infor-
mation I requested, won't need to be duplicated, but that can be checked
against the requests made, and then at the appropriate time the bal-
ance of the information submitted.
The Ch AIRMAN". I think you are correct in that statement, and I
agree. Proceed with the next category. We will pause temporarily.
(Discussion off the record.)
The Chairman. The committee will resume.
Mr. DE Furia. Mr. Chairman, we now pass to that part of the com-
mittee counsel's presentation referring to three incidents involving
receipt or use of confidential or classified documents or other confi-
dential information from the executive files, based upon the amend-
ment offered by Senator Morse, being amendment D, reading as
follows :
Received and made use of confidential information unlawfully obtained from
a document in the executive files upon which document the Federal Bureau of
Investigation had placed its highest classification ; and offered such information
to a lawfully constituted Senate committee in the form of a spurious document
vphich he falsely asserted to the subcommittee to be "a letter from the FBI."
And based also upon the amendment proposed by Senator Flanders,
No. 13, reading as follows :
He received and held a valuable classified document in possible violation of
the Espionage Act. (Revealed in the Army-McCarthy hearings that he had
improperly obtained .1. Edgar Hoover's report on subversives from the Army,
and failed to restore the document to properly authorized hands.) He permitted
the document to fall into the hands of a gossip columnist (Walter Winchell).
Mr. Chairman, we continue to read into the record excerpts of testi-
mony and statements made at the hearings before tlie Permanent Sub-
committee on Investigations of the Committee on Government Opera-
tions on various dates, beginning May 4, 1954, at the pages indicated,
asking that the committee take legislative notice thereof. We will
read into the record, first
The Chairman. You may proceed. The committee will take judi-
cial notice of the record.
Mr. DE Furia. Mr. Chairman, parts of this that I am about to read
do not appear in the printed portions of those hearings, and we have,
therefore, obtained the official transcript and will read from the
transcript where necessary.
Mr. Williams, do you have a copy of the material I am about to read ?
Mr. Williams. I am sure that I do not have it. I was not furnished
with a copy.
Mr. DE FuRL\. We will be glad to suppy that deficiency, sir.
HEARINGS ON SENATE RESOLUTION 301 95
May I proceed, Mr. Chairman ?
The Chaieman. Proceed.
Mr. DE FuRiA. Page 703, volume 18. Secretary Stevens is on the
stand.
Senator McCarthy. Mr. Secretary, I would like to give you a letter, one which
was written incidentally before you took office but which was in the tile, I under-
stand, all during the time you are in office — I understand it is in the file as of
today — from the FBI, pointing out the urgency in connection with certain cases,
listing the fact, for example, that Coleman had been in direct connection with
espionage agents —
there is an omission or there is a deletion — and then we continue with
the following :
Senator Jackson. May I ask this question? I am a little confused. This is a
copy of a letter that is being introduced. I would like to know how it arrived
here to the committee, where it came from, and how it came here. This is a letter
from J. Edgar Hoover to General Boiling back in 1951. How did it get into the
hands of the committee?
Mr. Jenkins. It was handed to me. Senator Jackson, by Senator McCarthy,
who is making it the basis of the cross-examination of the Secretary of the Army,
the purpose of his examination patently being this
Senator Jackson. I think it ought to be authenticated.
Mr. Jenkins. I am getting ready to. I hold now, on the basis of the copy of this
letter, and on the assumption that no guardian in interest and no counsel would
refer to a spurious manufactured document, that Senator McCarthy's cross-
examination of the Secretary with reference to this letter is wholly competent.
Then on page 704, Mr. Chairman :
Senator Jackson. Mr. Jenkins, it is a very simple matter. Did the committee
get this from the Army? Was it subpenaed? Is it from the FBI? That is the
vei-y simple question. How did it come into our possession?
Mr. Jenkins. Which committee, the McCarthy committee or this investigating
committee?
Senator Jackson. Both.
Mr. Jenkins. It was handed to me just now by Senator McCarthy; that
is all I know of it. It is a proper basis for a cross-examination. That is very
evident from reading the letter.
Senator Jackson. I understand, but it can be readily identified whether this
was a matter that was subpenaed from the Army files or whether the Army
voluntarily gave it to Senator McCarthy.
Mr. Jenkins. I can have Senator McCarthy put under oath and examine him
with reference to that particular point, in keeping with Senator Symington's
Senator Mundt. A point of order, Mr. Welch?
Mr. Welch. I respectfully suggest that that be done. I am a lawyer, and
the appearance of what purports to be a copy of a letter from J. Edgar Hoover
in 1951 addressed to some colonel ; is that riglit?
Mr. Jenkins. A major general.
Mr. Welch. The mere fact that we have an impressive looking, purported
copy of such a letter doesn't impress an oldtime lawyer. I would like to have
Mr. J. Edgar Hoover say that he wrote the letter and mailed it. Then we would
know what we were dealing with.
Senator McCarthy. Mr. Chairman?
Senator Mundt. Senator McCarthy.
Senator McCarthy. I want to question the Secretary as to whether or not
the original of this and other letters like it are in his file. I want to make it
clear that I have gotten neither this letter nor anything else from the FBI.
Mr. Welch. Where did it come from then?
Senator Mundt. The Chair will rule that Senator McCarthy may ask the
witness, if he cares to, whether such a letter is there in the files, and as to
other investigative agencies. The Chair holds that none of them have to dis-
close the sources of their information.
Then on page 705 again, Mr. Chairman :
Senator McCarthy. Mr. Stevens, would you look at that letter and tell us,
No. 1, whether or not you have ever seen it or were ever notified of its contents?
I think you should read the letter before you answer it.
96 HEARINGS ON SENATE RESOLUTION 301
Secretary Stevens. I would like to have the advice of counsel first as to
whether or not I am at liberty to discuss a letter from J. Edgar Hoover, because
I have grave reservations about discussing at all any letter written by Mr. J.
Edgar Hoover unless I have his specific approval. I will, therefore, ask the
chairman to give me the opportunity of securing the approval of Mr. J. Edgar
Hoover before I discuss any letter purporting to have been written my him,
because I think it is a very bad policy to discuss these things without Mr,
Hoover's knowing about it.
Senator McCarthy. Would you like to read it first?
Mr. Welch. May I add, Mr. Chairman — and I have a letter in my hand and it
is headed "Personal and Confidential Via Liaison." which seemed to me to be
rather severe words of a confidential nature. I think INlr. Stevens is quite right
in saying that this is a matter that ought to be released by J. Edgar Hoover
before we deal with it in this room.
Senator Mundt. The Chair would agree that if the letter is marked "Per-
sonal and Confidential" that the contents of the letter should not be revealed
without the consent of the Senate.
Continuing on page 706, Mr. Chairman :
Senator McCarthy. Mr. Chairman, I think I would have no objection to that,
but first may I have the Secretary read the letter? I don't intend to inquire
about the contents if the Chair feels we should not do that, but I would like to
have him read the letter and tell us whether or not that is a duplicate of what
he has in his file. If he cannot tell us that, then he can examine the file and tell
us, tell us whether or not this is just one of a sequence of letters from the
FBI, complaining about the bad security setup at the Signal Corps Laboratory
and giving information on certain individuals.
Continuing on page 707 :
Senator McCarthy. May I say I have heard many ridiculous things across
the table, but to say that something dealing with the Communist activities of
men under the Secretary's command should not be seen by him is the most
ridiculous I have heard of. Of the letter here, Mr. Chairman, all I ask is that
the Secretary look at it so he can search the files and tell us whether or not
the original of that letter is in the file.
Continuing on page 708 :
Senator Symington
Mr. Williams. Mr. Chairman
The Chairman. Mr. Williams.
Mr. Williams. I am sorry to interrupt again, but I have to call
attention of the Chair to the fact that Mr. de Furia is reading from
the record of the Army-McCarthy hearings, and everything he is
reading of course is accurate, but I think there are many things which
he is omitting here Avhich should be placed in the record if we are
going to read this whole thing, so that all of the remarks that are made
will be in the context. Now, there are some statements by Senator
McCarthy himself Avhich have a very vital bearing on this whole
matter with regard to his attitude and disposition toward the very
letter in question. I have reference to things at page 70G of the
printed hearings, and that is where I have been trying to follow Mr.
de Furia.
It seems to me, I think the Chair has always known my position. I
have always been willing, at least throughout this week, while docu-
mentary proof went in, to stipulate that the whole record could be
considered. But since we are reading these things, I really feel that
Ave ought to read everything so that all statements made by everybody
should be in context.
Now, there, on page 706, is a statement by Senator McCarthy that he
has no disposition to have the contents of the letter disclosed
HEARINGS ON SENATE RESOLUTION 301 97
The CiiAiEMAN". Mr. Williams, I suggest as a practical matter, now,
if you will indicate the matter that you think ought to be read, we will
have someone read it, if it is not clearly off on some other subject.
Mr. Williams. I do not propose to read anything, Mr. Chairman,
that is clearly off
The Chairma^st. I assume that. But still I have to make a ruling
on that.
Mr. Williams. Mr. de Furia had gone, I understand, to page 708,
as I have tried to follow him here, in two documents.
The CiiAiiuiAx. I suggest, Mr. de Furia, that you and Mr. Wil-
liams get together for a moment and get clearly just what he has in
mind that ought to be read, and I think we can settle that in just a
moment.
Mr. De Furia. Yes.
(Discussion off the record.)
Mr. DE Furia. May I proceed, Mr. Chairman ?
The Chairman. Did you get the material that Mr. Williams thought
ought to be read ?
Mr, DE Furia. Yes, Mr. Chairman. Mr. Williams desires that an
additional sentence be read into the record, following the excerpt
which I am about to read, and we have no objection, sir.
The Chairman. Well, proceed to read it.
Mr. DE Furia. Page 708:
Senator Symington. Mr. Chairman, I do not know the contents of the letter.
I do know it is a letter written to the Intelligence Department of the Army,
marked "Personal and Confidential" by J. Edgar Hoover.
Mr. Williams. There is a sentence following the identification by
Senator Miuidt which reads as follows :
The Chair does not imderstand that there is any disposition on the part of
anyone to make the contents of the letter public ; is that correct?
Mr. Jenkins' answer :
That is correct, as far as I am concerned.
Senator Symington says :
I don't see why we are wasting all this time on a letter that we do not intend
to publish or put in evidence.
Some of these things, I believe, Mr. Chairman, have a very direct
bearing on the overall attitude of the committee and Senator McCarthy
regarding the contents of this letter and their publication. I would
like to reserve the right to call those matters to the attention of the
committee.
The Chairman. Yes. Well, you have read them and we received the
statement you just read as part of the evidence. Thank you for calling
it to our attention.
Mr. DE Furia. Mr. Chairman, I will proceed, then, on page 708.
Senator ^McCarthy. May I ask that the letter remain in the custody of Mr.
Jenkins. That is the only copy I have.
Page 710: ^
Mr. Jenkins. Mr. Chairman, one other statement. Apparently the contents
of this letter are so involved, so important, so sacred, and carry with them so
many implications even of violations of the law, that I respectfully decline Sena-
tor McCarthy's request that I personally be the custodian of this letter, and I
now, in the presence af everybody return it to Senator McCarthy.
98 HEARINGS ON SENATE RESOLUTION 301
Page 712 :
Senator Dirksen. Mr. Chairman, before you recess, let me ask one question.
I wanted to ask Senator McCarthy whether he contemplated inserting that FBI
letter in the record.
Senator McCarthy. May I say to Senator Dirksen that would be entirely up to
the Chair. I think first we should have established whether or not it was
received, whether it is in the files of the Department of the Army.
Continuing now, on page T20, part 19, May 5, 1954 :
Mr. Jenkins. Mr. Chairman, yesterday afternoon the committee instructed
me to confer with J. Edgar Hoover with respect to a copy of a letter allegedly
in the files of the Intelligence Department of the Army, and to clarify that issue
this morning. I am now prepared to do so. Prior to so doing I desire to ask
the Secretary one question. * * *
Mr. Jenkins. Mr. Stevens, since yesterday afternoon, have you or not through
yourself or those under your command examined the files of the Intelligence
Department at the Pentagon with special reference to the original of the letter
about which you were questioned yestei'day aftei'noon?
Secretary Stevens. Yes sir.
Mr. Jenkins. State whether or not such a letter was found in that file or any
other file.
Secretary Stevens. No, sir.
Mr. Jenkins. Now, Mr. Chairman, I desire the Secretary to stand aside
momentarily and let me clarify that issue. I desire to call as the next witness
my assistant counsel — one of my assistant counsel and a member of my staff,
Mr. Robert Collier.
Continuing, Mr. Chairman, on page 720 with the testimony of
Robert A. Collier.
Mr. Williams. Do you intend to read all of the testimony of Mr.
Collier, because it seems to me all of this goes right to the heart of this
matter ?
The Chairman. "V\^iat is the answer, Mr. de Furia ?
Mr. DE Furia. We propose to read, Mr. Chairman, I think, sir, all
of the testimony of Mr. Collier beginning on page 720, continuing
through 721> 722, 723 — there ai"e one or tw^o small deletions on 723
which I do not think are material, sir — continuing on 724 — there is one
small deletion there of some irrelevant matter — 725, 726 — another
deletion of apparently irrelevant matter — 727, two small deletions of
irrelevant matter, and 728, there is just a small part we desire to read
into the record, sir, about half of 729, a small part of 732, continuing on
734 and 735.
All I can say, Mr. Chairman, is that Judge Chadwick directed us to
be careful to delete only those portions which were clearly irrelevant
and we have tried to follow the judge's instructions, sir.
The Chairman. I suggest that you follow that order, and when you
come to a deletion, if Mr. Williams will call our attention to that
deletion, if he thinks it ought to be read, please indicate it.
Mr. Williams. Thank you very much.
The Chairman. You may proceed.
"Mr. DE Furia. Beginning again, then, on page 720, Mr. Chairman,
with your permission I will read the testimony of Robert Collier.
Mr. Jenkins. Will you please state your full name?
Mr. Collier. Robert A. Collier. e
Mr. Jenkins. Mr. Collier, you are a member of my staff — assistant counsel, is
that correct?
Mr. Collier. Yes, sir.
Mr. Jenkins. Mr. Collier, formerly have you or not been employed by the
Federal Bureau of Investigation ?
Mr. Collier. I was, sir. I was employed from April 1, 1941, until October
26, 1951.
HEARINGS ON SENATE RESOLUTION 301 99
Mr. Jenkins. You were present yesterday afternoon wlien a discussion occurred
with respect to a letter. Will you give the date of the letter, Mr. Collier? It
has escajied me.
Mr. Collier. January 26, 1951.
Mr. Jenkins. At which time the committee instructed me, either myself or by
some member of my staff, to confer personally with Mr. J. Edgar Hoover,
Director of the Federal Bureau of Investigation.
Mr. CoLLiEK. I was present.
Mr. Jenkins. Were you present?
Mr. Collier. Yes, sir.
Mr. Jenkins. I will ask you whether or not at the close of the meeting I
assigned that task to yovi.
Mr. CoLiJER. You did, sir.
Mr. Jenkins. State whether or not pursuant to that, Mr. Collier, j'ou conferred
with Mr. Hoover personally.
Mr. Collier. I did.
Mr. Jenkins. At what time, approximately, yesterday afternoon or evening?
Mr. Collier. From approximately 5 : 15 until approximately 7 : 15.
Mr. Jenkins. During the course of your conversation with Mr. Hoover, I will
ask you whether or not he called upon you to procure and show to him a copy
of the letter about which we are talking?
Mr. Collier. Yes, sir ; he did.
Mr. Jenkins. I believe dated January
Mr. Collier. 26, 1951.
Mr. Jenkins. January 26, 1951. As a result of that request of Mr. Hoover, did
or not you go to Mr. Cohn's office and procure that copy?
Mr Collier. I did.
Mr. Jenkins. And then take it to Mr. Hoover?
Mr. Collier. I did.
Mr. Jenkins. Was it shown to him?
Mr. Collier. Yes, sir.
Mr. Jenkins. Mr. Collier, now at this time, without my taking the time and
still in the interest of expediting the hearing, I ask you to chronologically relate
the incidents of that conference with Mr. Hoover — what was done pursuant to
the request of the committee and what was said to you by Mr. Hoover?
Mr. Collier. Upon receiving your instructions I communicated with the FBI
and within a very short period of time obtained an appointment with Mr.
Hoover. I went to see him, having advised him of the date and the type of
letter involved. Mr. Hoover at that time informed me that they had not found
such a letter. He did have another letter of the same date. In order to be
perfectly sure that they had obtained the correct letter I returned to the Senate
Office Building and obtained from Roy Cohn in Senator McCarthy's office the
letter which I now have in my hand and which was the one produced yesterday
by Senator McCarthy. I took that letter to Mr. Hoover, and at that time he
compared this letter with the letter in his possession of the same date.
There is a short deletion there, Mr. Chairman, that I call to the
attention of Mr. Williams.
We continue on page 722 with the words, "I can now report to you."
Mr. Williams. Go ahead.
The Chairman. Do you desire the deletion read?
Mr. Williams. So far as I can see there has not been a deletion,
Mr. Chairman ; that is why we are confused.
Mr. DE Ftjria. Then I will continue, Mr. Chairman, on page 722,
and this is a continuation of the testimony of Mr. Collier :
I can now report to you that Mr. Hoover advised me that this letter is not a
carbon —
the answer is incomplete.
Mr. Jenkins. Identify the letter when you say "this letter."
Mr. Collier. This is the letter produced yesterday by Senator McCarthy. This
is not a carbon copy or a copy of any communication prepared or sent by the
FBI to General Boiling on January 26, 1951, or any other date. The FBI has
in its files a letter —
the answer is incomplete.
100 HEARINGS ON SENATE RESOLUTION 301
Mr. Jenkins. Are you now stating what Mr. Hoover personally told you?
Mr. Collier. Yes, sir.
Mr. Jenkins. You may proceed.
Mr. Collier. The FBI does have in its files a file copy of a letter dated Janu-
ary 26, 1951, the same date, prepared and sent hy the FBI to General Boiling,
which was a 15-page interdepartmental memorandum. A carbon copy of that
went to Maj. Gen. Joseph F. Carroll, United States Air Force.
Mr. Hoover, in comparing the two documents, advised me that the form of
the carbon copy which I have the one introduced, and the yellow copy of thfi
FBI memorandum prepared on January 26, are materially different in form.
I can recount for you, as Mr. Hoover advised me, the difference in that foi-m.
For purposes of identification, I will refer to the document introduced yesterday
as the carbon copy, and to the yellow copy in the FBI files, the 15-page memo-
randum, as the FBI original.
On the FBI original the words "Federal Bureau of Investigation" are printed
in large block letters across the top of the page. On the carbon copy the words
"Federal Bureau of Investigation" are typed. The date January 26, 1951, ap-
pears directly beneath the type "Federal Bureau of Investigation" on the carbon
copy and is in a different position on the page of the FBI original. The cai-hoa
copy has across the top "Personal and Confidential Via Liaison." The FBI
original has in the upper-hand corner the words "Via Liaison." The memo-
randum, the FBI original, is in the form of an interdepartmental memorandum.
It is not typed. It merely carries the name of the Director and the FBI. The
carbon copy would indicate a signature was to be affixed. The FBI original
was addressed to Maj. Gen. A. R. Boiling. The carbon copy is addressed to
Major General Boiling, the initials "A. R." being left out.
The same words "Assistant Chief of Staff, G-2, Department of the Army"
appear on both documents. In the FBI original the additional words "The
Pentagon" appear, that is not on the carbon copy, and the words "Washington.
D. C." appear on both dociunents. The FBI original has the word "from" and
the words "John Edgar Hoover, Director, Federal Bureau of Investigation."
That is not on the carbon copy. The FBI original has the word "subject" and
then typed thereon "Aaron Hyman Coleman, Espionage-R." The "R" stands
Jor Russian and —
the senteiice is incomplete.
Senator McCarthy. Mr. Chairman. I am not sure I understood. You say
that is the FBI copy you are talking about?
Continuing on page 723 :
Mr. Collier. Yes. sir. In other words, the subject Aaron Coleman, Espion-
age— R, appears on the FBI original. It does not appear on the carbon copy.
This carbon copy carries the salutation "sir." The FBI original carries no
salutation.
This carbon copy is 214 pages in length. The FBI original is 15 pages in
length.
The carbon copy at the end carries the words "Sincerely yours. J. Edgar
Hoover. Director." That, of course, did not appear at the end of the FBI
original, but actually appeared in the "To" "From" relation in the beginning.
The carbon copy shows no carbon copy being sent to anyone else.
Continuing on page 723 :
Mr. Collier. I would like to pass to the Chair the diagram which I haVe
drawn which will give you a more visual reference to the two letters which
I have brought out.
Senator Symington. Mr. Chairman, may I make a point of order? When the
witness discusses the carbon copy, he might say the alleged carbon copy.
Senator McCarthy. A point of order. Mr. Chairman. I would like to know
who alleged it to be a carbon copy. We have never alleged it to be a carbon
copy.
Mr. Jenkins. Mr. Collier, you may proceed.
Senator Mundt. Proceed. Mr. Collier.
Mr. Collier. The FBI oriuinal. on the last page thereof, shows the following:
"cc. Major General Joseph F. Carroll. * * * U. S. A. F."
HEARINGS ON SENATE RESOLUTION 301 101
Now, that is the difference in form alone. I am clistinguishinsr between
form and substance. Mr. Hoover advised me, and examined the two documents
in my presence, advised me that the substance of the original FBI 15-page
memorandum and the substance of the 2i/4-page carbon copy, contain informa-
tion relating to the same subject matter, and that in some instances exact or
identical language appears in both documents.
Other than that, Mr. Hoover feels that to further clarify it would reveal,
possibly reveal, the substance of the documents themselves.
Mr. Chairman, I am continuing on page 724 :
On that point, Mr. Hoover asked me to inform you that he respectfully refers
the committee to the Attorney General for his opinion as to whether or not
the contents can be made public in line with security requirements. And
since the language is, in some instances, identical, that would apparently go for
both documents.
Mr. Jenkins. Mr. Collier, have you in detail related all of the events tran-
spiring in your conference with Mr. Hoover?
Mr. CoLLiEK. Yes, sir.
Mr. Jknkins. I have no further questions, Mr. Chairman.
Senator Mxjndt. Just one question. The Chair is not certain, and I am not
sure that you can answer this question, but did you determine whether the
FBI original was in the files of the military and available to Secretary Stevens?
Mr. Collier. I will go back to the question that Ray asked me. I did not com-
plete it. On that point I determined that the yellow copy in the FBI file, which
is the file copy, carries the following handwritten notations concerning the
original :
"Delivered to Colonel Cramer, G-2, 1-27-51, W. R. P."
Those initials are those of the liaison representative of the FBI, Wesley P.
Reynolds. The carbon copy to Maj. Gen. Joseph F. Carroll, according to a hand-
written notation on the yellow, was delivered to "Gill Levy, OSI, 1/29/51, ESS,"
the initials standing for Ed S. Sanders.
Senator Mundt. In other words, those originals were apparently delivered
in 1951?
Mr. Collier. They were, sir.
Senator Mundt. And were delivered to G-2 at that time?
Mr. Collier. The memorandum is dated January 26. It was delivered per-
sonally by Mr. Wesley P. Reynolds to Colonel Cramer on January 27, 1951. The
carbon copy was delivered personally by Mr. Ed Sanders to OSI on January
29, 1951.
Mr. Chairman, we have deleted a portion and are continuing on
page 724 with the statement or question of Senator Mundt, beginning
now, "I understand."
The Chairman. Mr. Williams, do you want that deletion read?
Mr. Williams. Wliere does that deletion appear? After 724?
Mr. DE FuRiA. Yes ; from my notes, Mr. Williams.
Mr. Williams. Would you read the last thing you just read, Mr.
de Furia ?
Mr. DE FuRLA. (reading) :
Delivered personally by Mr. Ed Sanders to OSI, 1/29/51.
Now, it may be a turnover instead of a deletion.
Mr. Williams. Wliere do you resume ?
Mr. DE FuRiA (reading) :
Senator Mundt. Now I understand
Mr. Williams. Go ahead ; that's all right. There is no purpose in
putting that in.
Mr. DE FuRiA. Page 724 :
Senator Mundt. Now I understand. You were quoting Mr. Hoover then when
you say that in some instances the language was identical, that the subject
matter was identical, and that, as Mr. Hoover interprets the security laws, the
subject matter, both of the FBI copies and the copies from Senator McCarthy's
102 HEARINGS ON SENATE RESOLUTION 301
flies, because they deal with an identical subject, should not be revealed in
public, short of a ruling of the Attorney General ; is that correct?
Mr. CorxiER. I want to make it clear Mr. Hoover did not, of course, refer to
his carbon copy when he stated that, because actually this is not a carbon copy
of any FBI document. He was referring to his own document, the 15-page
memorandum, when he suggested that "I respectfully refer you to the Attorney
General for his opinion."
Senator Mundt. You are speaking for yourself then when you said that because
J. Edgar Hoover had told you in some instances the language was identical, the
subject matter was identical, that you believe that without authorization from
the Attorney General we should not discuss the subject?
Mr. CoLLiKR. That is correct. Mr. Hoover made no comment concerning this
carbon copy.
Senator McCarthy. Yes, Mr. Chairman; I would like to point out I think
this should be explored with Mr. Hoover. As far as I know, if the Chair will
refer to page 2 of the hearings where this letter lists the names of individuals
at Fort Monmouth, I understand the FBI report gives the names of informants
and information. That security information was omitted from this copy, call
it what you may, which I have. I would like to know, Mr. Chairman, and the
witness has not covered that. Apparently he can because he says he has —
I think there is a typographical error there. It should read :
Apparently he can't, because he says he has not examined the letter whether
or not all portions of this document which was—
Incompleted sentence.
Senator Mundt. That is a question which you should address to the witness,
not to the Chair. It would not be a point of order, I don't think.
Senator McCarthy. No, Mr. Chairman ; it is a request of the Chair and this
is a very, very important matter, Mr. Chairman. It is a request of the Chair
that I am making.
I am making a request that someone from the FBI be called to tell us whether
or not all of the language in the documents submitted yesterday is not identical
to the language in the documents submitted to the military, with the exception
of where we list the name of an individual and put the word after it "deroga-
tory," in same cases "not derogatory," that the FBI report actually contains
all the information. I should think we should ask Mr. Hoover whether or not
he would object to having put into the record — -this is a request I am making
of the Chair. May I finish, Mr. Chairman?
Senator Mundt. Is it a point of order?
Senator McCarthy. I am making a request of the Chair, a very important
request.
The request is this : We have a document here concerning Fort Monmouth,
Communists at Fort Monmouth, and a warning relating to them. I want to
know, Mr. Chairman, if the Chair will not now call someone from the Bureau
who can bring down the document they have, not for public exhibition, and tell
us whether or not all the language is not identical except that in this document
the individuals are merely named and all security information is left out of
this document, where, in the FBI document, the secui'ity information is included.
Continuing on page 726.
Senator McCletxan. Mr. Chairman, I make a point of order that the docu-
ment that is presented to us here which we have not read if incomplete — if it
contains onl.v 3 pages out of the 15-page document — then the best evidence is
the document itself which is available unless it is prohibited by security reasons.
If it is prohibited by security reasons then these excerpts from it are not admis-
sible at this hearing. If it is not prohibited, under the the security order and
directive of the President, then the original document in full and complete is
the best evidence and should be produced.
I have a note of a possible deletion at this point, Mr. Williams, and
then I continue witli Senator McCarthy.
The Chairman. Is there a deletion there, Mr. Williams?
Mr. W11.LIAMS. Yes ; there is.
The Chairman. Do you want that deletion read?
Mr. Wiu.iAMS. No, sir.
HEARINGS ON SENATE RESOLUTION 301 103
The Chairman. Proceed, Mr. de Fiiria.
Mr. DE FuRiA (reading) :
Senator McCarthy. Mr. Chairman, while I agree considerably with what the
Senator from Arkansas says I would say that I think it should be made clear
that we are not now requesting, and never have requested, that the security
information about these specific individuals be made a part of the record. That
is in line with the ruling of counsel, Mr. Jenkins. I do think that the language
of the letter, if this language is correct and verbatim — and I have every reason
to believe it is — that the language of the letter contains nothing of a security
nature except that it warns, admonishes those in charge of Fort Monmouth.
Senator INIundt. The letter is not admissible.
Senator McCarthy. The Chair has stated that unless the entire 1.5 pages
could be made a part of the record, none of it could. I want to disagree with
that, Mr. Chairman. I think you can delete, as there apparently was deleted
in this letter, the security reports on each specific individual. The rest of the
letter, I think, is extremely important.
Senator IMundt. The Chair is ready to rule. Unless his ruling is upset by his
colleagues on this committee, he will rule that the counsel for the committee
should seek from the Attorney General the permission suggested by Senator
McClellan which has been restated by him and by the Chair.
Then there is a deletion, Mr. Chairman. We go down to page 727.
Mr. Collier. This letter is not a copy.
The Chairman. Mr, Williams, will you check that?
Mr. Williams, How far down do you go to?
Mr. DE FuRiA. We begin again :
Mr. Collier. This letter is not a copy.
Mr. Williams. We do not desire that read.
The Chairman. Proceed, Mr. de Furia.
Mr. DE Furia. Page 727.
Mr. Collier. This letter is not a copy of any document prepared by the FBI.
Senator Jackson. Or one that he sent out?
Mr. Collier. That is correct.
Further down on page 727 :
Senator McCarthy. A point of order, Mr. Chairman. The (^hair says you
should request of Mr. Brownell permission to use the entire 15-page document.
I would like to ask the Chair t(» i-equest that if you cannot use the entire 1.5-page
document — I assume he Avill rule against you on that, because it contains the
names of informants — ask him whetlier or not we can use that portion of the
document which was submitted yesterday — find out whether this is a verbatim
copy of the FBI memorandum or letter, find if so, whether there is any objection
to the introduction of a part of the document, omitting the names, which I
sul)mitted yesterday.
Then there is a deletion and we continue with a statement or a
question by Senator ]McCarthy on the same page.
I have
Mr. Williams. Go ahead.
The CiiAiii]viAN. Did I understand you to say to proceed?
Mr. Williams. Yes, sir.
The Chairman. Proceed, Mr. de Furia.
Mr. DE Furia. Continuing on page 727 :
Senator McCarthy. I have. Mr. Jackson has made a completely false state-
ment. He said I represented yesterday that this came from Mr. Hoover. I
made it very clear that I had never received anything from J. Edgar Hoover,
that this was not received from Mr. Hoover. Mr. Jackson knows all that.
104 HEARINGS ON SENATE RESOLUTION 301
Page 728 :
Senator McCarthy. Mr. Cliairuian, a point of order. Mr. Jackson has tried
very deliberately to create the impression that this did not come from J. Edsar
Hoover. I am sure the evidence will show that this did come from J. Edgar
Hoover, and that there has been omitted from it —
there is an interruption there.
We continue, Mr. Williams, and with the chairman's permission,
on page 729, a statement by Senator McCarthy beginning with the
words, "I very definitely have," is that all right, sir ?
Mr. Williams. Yes.
Mr. DE FuRiA. Page 729 :
Senator McCarthy. I very definitely have, of the same nature as Mr. .Taclcson's.
We have a document here which, according to all the information I have, is
verbatim, a report given from the FBI. It should be in the Army file. I sent
a wire this morning to the Secretary asking for the addendum showing the
derogatory material on each individual. I think it is important for Mr. Jackson
not to maite these statements and try to create these impressions when he hasn't
seen the letter. If he will look at it, I believe he will find each and every word
is identical to the original letter, with the exception of the fact that where there
is listed the names of Foi"t Monmouth employees and the word "derogatory"
put after it in the FBI report, you will find the derogatory information and,
perhaps, the names of the informants. If that were included in this letter, Mr.
Chairman, then it would be objectionable. We would be violating the rules by
submitting it to the committee. That security information is not in the letter.
The meat of the letter is here, and I would suggest that we proceed now to exam-
ine this young man and see if he can give us this information or not.
Then we continue on page 732 with a question by Senator Symington.
The Chair3ian. Is there a deletion at that point?
Mr. DE FtJRiA. There is a deletion, Mr. Chairman, between 729 and
732.
Mr. Williams. I cannot tell by just a quick look Avhether there is
anything in those three images — perhaps you ought to give me a minute
here.
The Chairman. If you wish to take time to read it, we will cease
the progress at this point.
Mr. Williams. I want to make it clear that I know Mr. de Furia
is reading it completely fairly. It is just a question of interpretation
as to whether something should go in which might help the investi-
gation.
The Chairman. The Chair is inclined to be very liberal with respect
to anything that you think has any bearing on this matter. In other
words, we want the full and complete picture so that nothing will be
out of context.
Mr, Williams. I think he can go on.
The Chairman. You may proceed.
Mr. DE Furia. Page 732 :
Senator Symington. Mr. Collier, am I correct that Mr. J. Edgar Hoover asked
you or suggested to this committee that prior to the publication of this document,
that it be — that the matter be consulted with the Attorney General of the United
States to see whether the publication of the document was in the interests of
the security of the United States?
Mr. Collier. That is correct. Senator Symington.
Then there is a deletion, Mr. Chairman, down to page 734, which
begins with a question by Mr. Welch, "Right. I think I will do no
wrong"
Mr. Williams. You may proceed, Mr. de Furia.
KEATIINGS ON SENATE RESOLUTION 301 105
Mr. DE Ftjria. With the permission of the chairman, I \vill begin
reading again on page 734 :
Mr. Welch. Right. I think I will do no wrong if I read the heading "Federal
Bureau of Investigrtion, January 26, 1951." Are you following me, sir?
Mr. Collier. Yes, sir.
Mr. Welch. Then appeal's the words which I read yesterday and which startled
me so "personal and confidential via liaison" ; is that right?
Mr. Collier. That is correct.
Mr. Welch. Then this purported carbon copy of a letter has this appearing
"Major General Boiling, Assistant Chief of Staff. G-2, Department of the Army,
Washington, D. C, Sir"; is that right?
Mr. Collier. That is correct.
Mr. Welch. Now, passing the body of it and going only to the conclusion that
appears at the bottom of it "sincerely yours," and then typed in capital letters
"J. Edgar Hoover. Director"; is that right?
Mr. Collier. That is correct, sir.
Mr. Welch. Mr. Collier, as I understand your testimony, this document that
I hold in my hand is a carbon copy of precisely nothing; is that right?
Mr. Collier. I will say that Mr. Hoover informed me that it is not a carbon
copy of a memorandum prepared or sent by the FBI.
Mr. Welch. Let us have it straight from the shoulder. So far as you know
it is a carbon copy of precisely nothing?
Mr. Collier. So far as I know, it is, yes ; but that again is a conclusion.
Mr. Welch. So far as you know, this document in this courtroom sprung
yesterday by Senator McCarthy is a perfect phony, is that right?
Mr. Collier. No, sir ; that is your conclusion. I will not draw such a con-
clusion.
Mr. Welch. You just told us it is a carbon copv of precisely nothing, haven't
you?
Mr. Collier. I have said it is not a copy of a document in the FBL file. I will
not say that it is a copy of nothing because if it was typed as a carbon there
must have been an original.
^Ir. AVelch. You would think so, but we can find no trace of an original, can
we?
Mr. Collier. Not yet.
Mr. Welch. Anywhere?
Mr. Collier. No, sir.
Mr. Welch. No, sir. If no original of this document can be found, will you
go along with me, sir, with my quaint English, when I say it is a copy of pre-
cisely nothing?
Mr. Collier. You are assuming that the original cannot be found?
Mr. Welch. That is right.
Mr. Collier. My investigation yesterday was to determine whether this was
an authentic document. 1 have made no investigation to determine whether the
original can be found or not. It may be that it can be found.
Mr. Welch, l^ou cannot find a copy of it in the FBI place, can you?
Mr. Collier. No, sir.
Mr. Welch. Now you do not on your investigation — strike it out. You are
not, as you sit in this chair, in possession of a single fact which will allow you
to believe that the document which I now show you is a carbon copy of any
existing original letter?
Mr. Collier. I made an examination yesterday to determine whether this
was a copy of a document prepared or sent by the FBI. I have not made any
examination to determine whether it is a copy of an original now in existence.
Mr. Welch. Have you any doubt, sir, that it was presented in this room as
if it were a carbon copy of a letter signed J. 'Edgar Hoover, Director, and ad-
dressed to Major General Boiling?
Mr. Collier. I was present when it was presented, and I do not now remember
the exact manner in which it was presented.
Mr. Welch. Did you have any doubt, sir, that your superior, Mr. Jenkins,
was handed a document which he believed to be a carbon copy of a letter?
Mr. Collier. That would be for Mr. Jenkins to &.\y.
Mr. Welch. Did you believe it was a carbon copy of a letter when you first
heard it in this room?
Mr. Collier. It was referred to as a copy of a letter.
Mr. Welch. Yes, sir.
106 HEARINGS ON SENATE RESOLUTION 301
Mr. Collier. And I observed it. I can draw no further conclusions from it.
Mr. Welch. And now as you sit in this room, you are unable to tell us from all
the information you have been able to obtain last night V
May I have a minute, sir ?
The Chairman. You may.
(Discussion off the record.)
The Chairman. Tlie committee will now take its recess until 2 p. m.
(Whereupon, at 11 : 55 a. m., a recess was taken until 12 p. m., the
same clay.)
AFTERNOON SESSION
Present: Senators Watkins (chairman), Johuson of Colorado (vice
chairman), Stennis, Carlson, Case, and Ervin.
Also present : Senator McCarthy ; E. Wallace Chadwick, counsel to
the committee; Guy G. de Furia, assistant counsel to the committee;
John M. Jex, clerk of the committee ; John W. Wellman, staff member ;
Frank Ginsburg and Ray K. McGuire, members of Senator Watkins'
staff' on loan to the committee ; and Edward Bennett Williams, counsel
to Senator McCarthy, with his associates, Agnes A. Neill and Brent
Bozell.
The Chairman. The committee will resume session.
Counsel for the committee will resume reading the matters which
the committee takes judicial notice of in the Army-McCarthy hearing.
Mr. DE Furia. With the permission of the chairman, we desire to
resume reading at page ToG of the same source material, Page ToG :
Senator McCarthy. May I make it very clear that as far as I am concerned,
the Truman directive, or any other directive, will ijreclude me from examining
material bearing upon the security of this Nation. I am very surprised when I
find Ml'. Welch here worried about disclosing information on Communists, sitting
back and slyly approving the violation of the law insofar as eavesdropping is
concerned and monitoring. So there is no question about Mr. Collier, Mr.
Chairman, there will be no personal and confidential material where it shows
that someone is covering up and hiding Communists.
Now, Mr. Chairman, we desire to call to the attention of the com-
mittee that that statement from Senator McCarthy on page 736 is
exactly as it appears in the printed report of the testimony. Appar-
ently there was some discre})ancy. So we checked with the olHcial
transcript, volume 10, page 180-1, May 5, li)51, and find that the cor-
rect wording is as follows :
Senator McCarthy. May I make it very clear that as far as I am concerned,
the Truman directive, no directive will preclude nie from examining material
bearing upon the security of this Nation. I am very surprised when I find
Mr. Welch here worried about disclosing information on Communists, sitting
back and slyly approving the violation of the law insofar as eavesdropping is
concerned and monitoring. So there is no question about Mr. Collier, Mr. Chair-
man, there will be no personal and confidential material where it shows that
someone is covering up and hiding Communists.
Mr. Williams. Mr. Chairman
Mr. DE Furia. And may I say, Mr. Chairman, that I called this to
the attention of Mr. Williams, and he agreed that the words are as I
just last read them.
The Chairman. Mr. Williams.
Mr. Williams. I certainly agree that the substitution of "no" for
"any other" was a jn-oper substitution, but I do want to call attention
of the Chair to the fact that the last sentence which lias just been read
by Mr. de Furia is also inaccurate, and I think a very cursory analysis
HEARINGS ON SENATE RESOLUTION 301 107
of it would demonstrate that, because it is completely ^Yitllout sense.
Senator McCarthy advised me that he did not say this sentence :
So there is no question about Mr. Ck)llier, Mr. Chairman, there will be no
personal and confidential material where it shows that someone is covering up
and hiding Communists.
That is obviously meaningless as it is written there, and it does not
acciu'ately rej)resent what was said, because Mr. Collier, although he
was a witness on the authenticity of the documents, had nothing to
do with the issue which has been discussed there.
I do not think the change is significant or meaningful, but in the
interests of accuracy. I think I should call that to your attention.
The Chairman. Your explanation is in the record, and we will let
it stand that way. I mean by that, we will let the record stand. I
do not mean that the committee is accepting your interpretation or
the other at the moment. We will let it stand as the record shows, your
statement pointing out that it seems inconsistent and does not seem
to be the correct language.
Mr. WiLLTAiNis. What it should be is, "So that there is no question
about this subject, Mr. Chairman."
The Chairman. You read it as you think it should be, so that that
M'ill be in the record.
Mr. Williams (reading) :
So that there is no question about this subject, Mr. Chairman, there will be
no personal and confidential material where it shows tliat someone is covering
up and hiding Communists.
The Chair^ian. Proceed.
Mr. DE FuRiA. I shall continue then, Mr. Chairman, on page 737 :
Mr. Collier. Senator McCarthy, may I say that I, as assistant counsel to
Mr. Jenkins, am here to get the facts. I don't think it is our purpose nor our
right to draw conclusions in any form. I have examined this document, as I
have so testified, at the beginning and at the end, in order to establish what
kind of document it is, in order to identify it. I have not read the contents.
The part you speak of is on page 2. I feel that in view of the security
requirements I should not read that second page.
Senator IMcCarthy. I am asking you to look at the top of page 2, which,
contains nothing in regard to security, but shows that the security informa-
tion was omitted. I ask you to look at that parenthetical expression. It is
very important to establish that fact now, in view of the repeated statements
by Mr. Welch that this was a phony and that anyone had a right to believe
that all of the security information was in it.
Mr. Chairman, it is important to get at the truth of this right now.
Mr. Collier. Senator McCarthy, I feel that I must respectfully decline to
read it and determine those facts from it.
Passing on, Mr. Chairman, to page 738 :
Senator McCarthy. Mr. Collier, you say that the Director told you the
language was identical in some respects ; is that correct?
Mr. Collier. That is correct, in some respects.
Senator McCarthy. Did he tell you that the language was identical in all
respect.s
Mr. Collier. No.
Senator McCarthy. Except that this 3-page document omitted the security
reports furnished by the FBI; that other than that the document is complete?
Mr. Collier. No, sir ; he did not state it in that way.
Senator McCarthy. Well, now, what did he tell you?
Mr. Coliier. He told me that the language is identical in some respects and
that it relates to the same subject-matter ; that both documents relate to the
same subject-matter. That was as far as he felt he was entitled to go.
52461 — 54 8
108 HEARINGS ON SENATE RESOLUTION 301
Page 740.
Mr. AViLLiAMS. I think there is some very pertinent language on
page 739.
Mr. DE FuRiA. Committee counsel did not think so, Mr. Chairman,
but as we have repeated, we have no objection whatever to Mr. Williams
calling to the attention of the committee any excerpts that he thinks
would further clarify this situation.
The Chairman. Do you know now, Mr. de Furia, the language that
he thinks should be significant and should be in the record ?
Mr. DE FuKiA. No, Mr. Chairman, I do not since I gave to Mr.
Williams the transcripts from which we were working, sir.
The Chairman. Mr. Williams, on your statement that you think it
is pertinent, I am going to allow you to read it.
Mr. Williams. Beginning at page 739, in the fifth paragraph of the
official printed report of this investigation :
Senator, may I ask counsel for the Army, so the Attorney General will know
the attitude of the parties to this dispute, whether counsel for the Army will
consent to having this 15-page dociiment with the security information deleted
and this document made public, so that the press and the public can compare
the two documents?
I am just reading this because the next part is necessary.
Senator McCarthy. I know. I just asked whether or not we can transmit
to the Attorney General the information that both counsel for Mr. Stevens
and Mr. Adams, as well as Senator McCarthy, request that they make the 15-page
document public if there is deleted any seciirity information, and that also we
make public the document which I have submitted after deleteing the names on
page 2.
The Chairman. Does that cover all that you think ought to be
added ?
Mr. Williams. Yes.
The Chairman. You may proceed.
Mr. DE Furia. Page 740 :
Mr. CoHN. Mr. Collier, is this much very clear from what you have been
able to tell us at this time : that on the date Senator McCarthy mentioned
yesterday, January 26, 1951, there was transmitted, under the name of John
Edgar Hoover, to Army Intelligence a document?
Mr. Collier. I will restate it, Mr. Cohn. Under date of .January 2G, 1951,
a 15-page FBI memorandum was prepared. The original of that memorandum
was transmitted to General Boiling's office via liason on January 27, and the
carbon copy to General Carroll's office via liaison on the 29th.
Mr. CoHN. Sir, did this memorandum go to the Army under the name of
John Edgar Hoover?
Mr. Collier. Yes, sir. On the memorandum there are the printed words
"date, to, from, and subject" : and beside the word "to" was the identification,
"IMajor General A. R. Boiling, Assistant Chief of Staff, G-2, Department of
the Army, the Pentagon, Washington, D. C," and beside the word "from,"
"John Edgar Hoover, Director, Federal Bureau of Investigation."
Mr. CoHN. You say printed. Were they not typewritten?
Mr. Collier. They were typed.
Mr. Cohn. Typewritten words, "from, John Edgar Hoover, Director, Federal
Bureau <if Investigation"?
Mr. Collier. That is correct.
Mr. CoHN. And, sir. Is it a fact, on the basis of what you can tell us now,
the subject matter of this 15-page memorandum from Mr. Hoover to the Army
on that date was Aaron Coleman, then at Fort IMonmouth, espionaging?
Mr. Collier. I will say tliis : That after the word "from" and the designa-
tion "John Edgar Hoover, Director, Federal Bureau of Investigation," there
followed the word "subject" and typed thereon was "Aaron Hyman Coleman,
espionage — R". For your information the "R" stands for Russian.
Mr. CoHN. The "R" stands for Russian.
HEARINGS ON SENATE RESOLUTION 301 109
Now we are passing, Mr. Chairman, with your permission, sir, to
page 741, reading as follows :
Mr. CoHN. I think we left at this point this memorandum sent under the name
of John Edgar Hoover, Director of the FBI, to the Army, dated January 26, and
I believe you said delivered on January 27, sir?
Mr. Collier. That is correct.
Mr. CoHN. Bears the hearting "Aaron Coleman, espionage-R."
Mr. Collier. Aaron Hyman Coleman.
Mr. CoHN. ••Espionage-R," and you now tell us that the word "R" stands for
Russian?
Mr. Collier. Mr. Hoover told me that the "R" stands for Russian.
Mr. CoHN. So you can tell us this morning that the 15-page memorandum
was a communication from Mr. Hoover to the Army concerning Aaron Coleman,
and Russian espionage ; is that a fair statement?
Mr. Collier. That is what the "to" and the "from" read, and the subject is
Aaron Hyman Coleman, Espionage-R.
Mr. CoHN. Can you, Mr. Collier, as having been present in the room and a
member of Mr. Jenkins' staff, tell us from the testimony of yesterday on the
public record that on the day this memorandum was sent over from Mr. Hoover,
Aaron Hyman Coleman was the section head in the secret radar laboratory at
Fort Monmouth?
Mr. Collier. Mr. Cohn, I cannot tell you that of my own personal knowledge.
Mr. CoHN. I would ask the Chair, then, to take judicial or chairmanwise
notice of the public hearings of this committee of December 8, 1953, which indi-
cate that. I believe I read the job description of Mr. Coleman into the record
yesterday.
Now, sir, can you tell us whether Senator McCarthy stated with complete
accuracy yesterday that this 15-page memorandum, that this memorandum by
Mr. Hoover, was a warning to the Army that at the secret radar laboratories
;at Fort Monmouth a group of associates of Julius Rosenberg and people with
Communist records were operating on a secret link and chain radar project at
-that time?
Mr. Collier. Mr. Cohn, I cannot tell you of my own personal knowledge. I
was busy on some other matters. I was in and out of the room. I didn't hear
that complete statement. The record would speak for itself.
We now pass, Mr. Chairman, to page 749 of part 20 on May 5, 1954,
reading as follows •
Mr. Williams. Mr. Chairman— —
The Chairman. Mr. Williams.
Mr. Williams. Sorry, sir. Are you skipping to 749, now, did you
say?
The Chairman. Apparently so, yes, Mr. Williams.
Mr. Williams. In order to avoid my interrupting Mr. de Furia,
which I consistently hesitate to do, I would suggest this, if I may, Mr.
Chairman. It is not necessary for us to read these parts that I feel are
germane now. So long as all the Collier testimony may be considered
of record, I would be satisfied. I cannot stop here now and read 7
pages without delaying this hearing, which I am loath to do.
The Chairman. I have not read all the Collier testimony, but on
the advice of Mr. Chadwick, I think it would be fair to rule that it all
can be made a part of the record, and it will appear as appendix No. I.
Mr. Williams. Thank you, sir.
The Chairman. And if in the reading Mr. de Furia or Mr. Chad-
wick do not include it all, the rest of it can be supplied so that the
record can be complete.
Mr. Williams. Yes, sir.
The Chairman. Proceed.
Mr. DE Furia. Page 749 :
"to^
Mr. Jenkins. Are you now prepared to answer the questions asked of me by
Senator McCarthy and Mr. Cohn during the noon hour?
110 HEARINGS ON SENATE RESOLUTION 301
Mr. Collier. Yes, sir.
I believe, though, that I should recount to the committee the conversation that
I had with Mr. Hoover. At the conclusion of that, of course, any questions can
be asked.
Mr. Jenkins. You are talking about the conversation between you and Mr.
Hoover during the noon hour?
Mr. Collier. Yes, sir.
Mr. Jenkins. Will you now relate in detail that conversation which I think
will answer Senator McCarthy's questions?
Mr. Collier. Upon your instructions, I communicated with the FBI and ex-
pressed my desire to talk with Mr. Hoover. Within a few minutes thereafter Mr.
Hoover called me on the telephone. He stated that the letter to General Boiling
of January 2(), 1951, was classified by the word "Confidential" and he does not
feel that he has any right to declassify it or to discuss its contents. May I point
out at this time that the FBI in 1951 did not use the classifications normally
attributed to the military. That is, "Restricted," "Confidential," "Secret," and
"Top Secret." They used either the characterization "Confidential" or "Per-
sonal and Confidential." Therefore, that confidential, in Mr. Hoover's opinion
and in his statement to me, is the highest classification that can be put on a
document by the FBI.
We pass now, Mr. Chairman, to page 751 :
Mr. Collier. On page 2 following the list of names is paragraph 7, whicli
paragraph extends over to page 3 and is identical in both documents. On page 3,
the last paragraph No. S is identical in both documents. Mr. Hoover advised
that he could not make any further comment upon the substance of either of
tliese documents ; that it is still classified, and that he still respectfully referred
the committee to the Attorney General. He further advised that the original
15-page document was furnished to General Boiling's office by liaison representa-
tive on January 27 and that the original and one copy went to General Boiling's
office, and the FBI this morning determined from that office that the original
and one copy are in their files.
A carbon copy was delivered liy a liaison representative on January 29, 1951,
to the Office of Maj. Gen. .Toseph F. Carroll, United States Air Force. The FBI
this morning ascertained that that copy is presently in the files of the Air Force.
There were, in addition to those three copies, a yellow tickler copy, a white
copy, and the file copy, a yellow copy, and both of those are presently in the files
of t^he FBI.
All copies that were prepared by the FBI are present and accounted for.
We pass now, Mr. Chairman, to page 754, sir :
Mr. Collier. From the information in my possession, I will say that paragraphs
1, 2, 3, and 4 are the same; 5 is different, containing a parenthetical statement in
place of a paragraph ; 6 is the same ; and following 6 in this document before me,
the 21/4 page is a list of names taking up about a half page, whereas in the
15-page document there would have been the names and factual information
taking up many pages.
Senator McCarthy. Right.
Mr. Collier. That thereafter, following that, paragraphs 7 and 8 are the same.
Senator McCarthy. Just so we will have this one final question, is it the last
paragraph in the letter?
Mr. Collier. That is correct, sir, and was the last paragraph in the 15-page
document.
There is a deletion here, and we continue with Senator McClellan.
Senator McCleUan, on pages 754 and 755 :
Just one question, Mr. Chairman.
From what you have seen of the two documents, the one that has been pre-
sented here, and the one that you discussed with Mr. Hoover, I will ask you to
state whether it would be possible for anyone to compose or present the docu-
ment now before us except that they had access to the original document or the
original copy thereof which still remains confidential and restricted.
Mr. Collier. You are asking for my personal opinion on that?
Senator McClellan. From what you have observed of the two. Would it be
possible, except that the author of the document now before us nuist have had
access to the original or the original copy thereof?
HEARINGS ON SENATE RESOLUTION 301 111
Mr. Collier. I would say that since seven of the paragraphs are identical,
that the person who wrote this document must have had access to the original,
l)ecause the identical language is contained therein.
Senator McClellan. It is still restricted so far as the FBI is concerned?
Mr. Collier. Mr. Hoover told me, and as I have stated to the committee at the
beginning of this testimony, that it carries the highest classification the Bureau
can place on a document, confidential, that he does not feel that he has any right
to declassify it.
We pass now, Mr. Chairman, to page 759 :
Mr. Jenkins. Senator McCarthy, yesterday afternoon there was presented to
me, to be read — and I desire to state that I hastily read it, Mr. Chairman, and
that my mind was completely shed of all knowledge of its contents last evening,
which perhaps may absolve me of guilty knowledge.
Senator Mundt. Immunity of which the Senator has divested himself may be
imposed upon you temporarily.
Mr. Jenkins. There was handed to me, Senator McCarthy, a letter dated
.January 26, 1951, and referred to herein as a 2i/4-page letter. As I recall, Sena-
tor, that letter was handed to me by you; is that correct?
Senator McCarthy. That is correct. It was passed along the table by me.
Mr. Jenkins. I am sorry, I did not get your last answer.
Senator McCarthy. I said, yes, it was at least passed along the table from
nie to you.
Mr. Jenkins. —
There is a deletion here, sir.
Then we continue on the same page, 759 :
Mr. Jenkins. That letter was used as a basis by me in further examination or
cross-examination of the Secretary of the Army.
Senator McCarthy. That is correct.
Mr. Jenkins. Senator McCarthy, you are bound to be aware of the fact that
some attack has been made upon that letter. I want to ask you at this time to
tell this committee all of your knowledge, without my asking you any specific
questions at this time, with respect to the 214 -page letter, particularly where you
obtained possession of it, when you obtained possession of it, whence it came, and
give any other knowledge that you may have pertaining to that 2% -page letter.
Senator McCarthy. First let me make it very clear, Mr. Jenkins and Mr.
Chairman, that I will not under any circumstances reveal the source of any
information which I get as chairman of the committee. One of the reasons why
I have been successful, I believe, in some extent, in exposing communism, is be-
cause the people who give me information from within the Government know
that their confidence will not be violated. It will not be violated today. There
was an attempt to get me to violate that confidence some 2 or 3 years ago, before
the Tydings committee. I want to make it very clear that I want to notify the
people who give me information that there is no way on earth that any com-
mittee, any force, can get me to violate the confidence of those people.
May I say that that is a rule which every investigative agency follows. Mr.
J. Edgar Hoover insists that no informants be disclosed and brought up in
public. They will not be brought up today, aside from that. I will give you the
information that you request, Mr. Jenkins. This came to me from someone
Avithin the Army.
As I recall the time, I do not recall the date, I recall he stated very clearly
the reason why he was .giving me this information was because he was deeply
disturbed because even through there was repeated reports from the FBI to the
effect that there was Communist infiltration, indications of espionage in the
top-secret laboratories, the radar laboratories, that nothing was being done, he
felt that his duty to his country was above any duty to any Truman directive
to the effect that he could not disclose this information.
And may I say, Mr. Chairman and counsel, now that I am on the stand it
has now been established that this is a completely accurate I'esume of all of the
information in that Federal Bureau of Investigation report, but that our in-
formant, whoever he was, was very careful not to include any security informa-
tion. I give him credit for that. I call the Chair's attention to the fact that
there is no security information in this, and I urge, Mr. Chairman, that this be
made available to the public.
112 HEARINGS ON SENATE RESOLUTION 301
No. 2, if you will pardon me, Mr. Jenkins, I know I have objected to long-
winded answers, but may I just answer you one bit further? You said to go
ahead in chronological fashion.
I received information also to the effect and, Roy, check with me on this, that
in 1949 there was a report made of the same nature from the FBI complaining
of what would appear to be apparently espionage, September 15, 1950, October
27, 1950, December 1950, again December 1950, again June 5, 1951, January 20,
1951 — I believe that is the one we have here — February 13, 1951, February 1952,
June 1952, September 1952, January 1953, April 10, 1953, April 21, 19.53, and the
young man who gave me this information was deeply disturbed, that is why he
gave it, because there was no action taken by the Army to get rid of individuals
after the FBI had given a complete report.
Mr. Collier. Senator McCarthy, I am afraid that is a conclusion you will
have to draw. I do not feel that I should. I will say that in substance the
paragraphs are as I stated. The difference in form I have also stated.
Mr. Jenkins Is that the end of your answer. Senator?
Senator McCarthy. That is the end of the answer.
Mr. Jenkins. Then do we understand, Senator McCai^thy, that you did not
get the 2^/4 -page document from the Federal Bureau of Investigation?
Senator McCarthy. I not only, Mr. Welch, did not get this from the FBI, but
let me make it clear that I
That sentence, apparently, Mr. Chairman, is incomplete.
Mr. "Williams. May we have the same ruling on Senator McCarthy's
testimony as we had a moment ago on Mr. Collier's testimony, that
all of it may be considered of record here, although Mr. de Pyuria is
reading only such portions as he has excerpted.
The Chairman. You say, all of his testimony — you mean the entire
examination of Senator McCarthy ?
Mr. Williams. All of his testimony as I read it concerns this docu-
ment. And as I do not want to burden
The Chairman. You mean all of his testimony — pardon me, so that
I get it clear — with respect to this document ?
Mr. Williams. Yes.
The Chairman. You do not mean his other testimony ?
Mr. Williams. No, just this testimony which Mr. de Furia is read-
ing from now.
The Chairman. We see no objection to it. It will be considered as
having been read into the record, and if it is not all read by Mr. de
Furia, counsel for the committee, we will have it inserted. You
indicate the beginning and the end of it ; will you do that, please ?
Mr. Williams. Thank you.
The Chairman. To be sure that it is correct by you — we want you
to check to see that it is all there.
Mr. Williams. I will have it read- — I just want to make sure that the
printed testimony of Senator McCarthy on this stage is included in
the record.
The Chairman. All right, it will be ordered printed as appendix
II to this record.
Mr. Chadwick. Mr. de Furia has asked me to spell him.
The Chairman. You may proceed.
Mr. Chadwick. I will turn to page 761 of the same transcript, sir.
Mr. Jenkins (to Mr. Welch). Then, Senator, yon did not get the 2i^-page
document from the Federal Bureau of Investigation?
Senator McCarthy. I did not, sir.
Mr. Jenkins. I am not going to ask you, and I did not intend to ask you the
name of the individual who gave you that document.
Senator McCarthy. I thank you.
Mr. Jenkins. But, as I do understand it, Senator McCarthy, and we are
trying to pursue this question to its logical end so that the committee may know
HEARINGS ON SENATE RESOLUTION 301 113
all of the facts, that 2i/l-page document was delivered to you by someone from
the Army?
►Senator McCarthy. Yes. I can go a step further. Mr. Jenkins.
_ Mr. Jenkins. And perhaps in the Intelligence Department? Can vou go that
far?
Senator McCarthy. An officer in the Intelligence Department.
'Mr. Jenkins. Very well.
Senator, when was that letter, that 2%-page document delivered to you?
Senator McCarthy. I will have to consult with counsel on that, if I may.
I\Ir. Jenkins. Very well : you are entitled to that.
Senator McCarthy. Mr. Jenkins, I would have difficulty giving you an exact
date, but it was early last sprins', roughly a year ago. Counsel says he thinks
May or .Tune, and Mr. Carr says he thinks also, perhaps, in June. I think it
was earlier. I think we had it before Mr. CaiT came with us ; is that right,
Frank?
Mr. Jenkins. AVhen it was delivered to you last spring, approximately a year
ago, which would be in early May 1953, were you then advised. Senator, that
it was not a coiiy of an — an exact copy — of the 15-pag9 document in the files
of the Intelligence Department, but a condensation of it, as we would call it?
That is, what information did you receive at that time with respect to this
2 M -page document in relation to a 15-page document, if you had any such
information?
Senator McCarthy. May I say, Mr. Jenkins, as I recall, I discussed with
the officer who delivered this the fact that the document itself shows that
there has been deleted security information. That will appear on page 2 —
Then going to page 763 of the same :
Senator McClkllan. Just one question. Did I understand you to say this
document was delivered to you as chaimian of the committee?
Senator McCarthy. I was chairman. In what capacity it was being delivered
I don't know. I was chairman of the committee.
Senator McClellan. I ask you now, do you regard it as a committee docu-
ment or as a personal document? What is it?
Senator McCarthy. It is available to the committee.
From pages 763 and 764 :
Senator Dirksen. Mr. Chairman.
Senator INIcCarthy, is it unusual or extraordinary for confidential documents
of this nature to come to you either as chairman of the Senate Permanent
Investigating Committee or as an individual Senator?
Senator McCarthy. It is a daily and nightly occurrence for me to receive
information from people in Government in regard to Communist infiltration.
From page 764 of the same :
Senator Jackson. Was it delivered to you personally or to any one of the
staff initially?
Senator McCarthy. There may have been some member of the staff present;
I don't know. The letter came into my possession personally.
Senator Jackson. You do not know whether your informant gave it to you
directly or a member of the staff' received it first and then gave it to you?
Senator McCarthy. I am reasonably certain. Scoop, that this was handed to
me personally. Keep in mind that I talk to so many people every day that I just
cannot remember who handed me something a year ago.
Senator Jackson. I mean, to your best knowledge and belief it came to you
personally and not through the staff?
Senator McCarthy. That is correct.
At page 768 :
Mr. Welch. Will you tell us where you were when you got it?
Senator McCarthy. No.
Mr. Welch. Were you in Washington?
Senator McCarthy. The answer was I would not tell you, I would not give
you any information which would allow you to identify my informant. That has
been the rule of this committee.
Mr. Welch. How soon after you got it did you show it to anyone?
Senator McCarthy. I don't remember.
114 HEARINGS ON SENATE RESOLUTION 301
Mr. Welch. To whom did you first show it?
Senator McCarthy. I don't recall.
Mr. Welch. Can you think of the name of anyone to whom you showed it?
Senator McCarthy, I assume that it was passed on to my stafE, most likely.
Page 769 :
Mr. Welch. Mr. Senator, when it was handed to you, was it put in the files of
the subcommittee?
Senator McCarthy. I assume it was.
Mr. Welch. Like any other paper?
Senator McCarthy. Like any other of a thousand of papers.
Mr. Welch. And it became a document belonging to the subcommittee?
Senator McCarthy. It now belongs to the subcommittee.
From pages 819, 820, and 821 of the hearing on May 6, 1954, testi-
mony of Robert A. Collier :
Mr. Jenkins. Mr. Chairman, I would like to ask at this time that my assistant
counsel, Mr. Prewitt, interrogate the witness.
Senator Mundt. Mr. Tom Prewitt will take over as counsel for the committee
and interrogate Mr. Collier.
Mr. Prewitt. Mr. Collier, at the iustance of the committee, did you, on yester-
day, deliver the 2i/4-page reported copy of a memorandum from the Federal
Bureau of Investigation to the oflice of Mr. Herbert Brownell, with the request
that he give this committee an opinion on the question of whether or not that
information could be released publicly?
IVIr. Collier. I did. At approximately 5 :15 yesterday afternoon, I delivered
a letter from Senator Mundt together with the 2i/i-page document, which I per-
sonally handed to Mr. Robert Minor, assistant to the Deputy Attorney General.
Mr. Prewitt. Do you have an opinion in writing from Mr. Brownell?
Mr. Collier. I do. It was delivered at approximately 12 o'clock today.
Mr. Prewitt. Will you read it?
Mr. Collier. This is a letter
Senator McCarthy. I wonder if we can fii'st have Mr. Mundt's letter, so we can
understand what the answer is.
Senator Mundt. You may read my letter of transmittal first.
Mr. Collier. Mr. Prewitt has that.
Mr. Prewitt. This letter is dated May 5, 1954, and addressed to the Honorable
Herbert Brownell, Jr., United States Attorney General, Department of Justice,
AVashington, D. C. :
"As chairman of the Special Investigating Subcommittee and by its direction,
I request your opinion as to whether or not the contents or any part thereof
can be released by this committee to the public of the following documents :
"1. A ir)-page interdepartmental memorandum elated January 26, 1951, from
John Edgar Hoover, Director, Federal Bureau of Investigation, to Maj. Gen.
A. R. Boiling, Assistant Chief of Staff, G-2, Department of the Army, the
Pentagon, Washington, D. C. — Subject : Aaron Coleman, Espionage — R. This
document Avas classified 'Confidential.'
"2. A 214-page letter dated January 26, 1951, from J. Edgar Ploover, Director,
to Major General Boiling, Assistant Chief of Staff, G-2, Department of the Army,
Washington, D. C. This document was classified 'Personal and Confidential.'
This document was furnished to the committee on May 4 by Senator .Joseph R.
McCarthy and is being furnished to you for your perusal by the bearer of this
letter, ]Mr. Robert A. Collier, assistant counsel of the Special Investigating
Subcommittee.
'"Your expeditious attention to this matter will indeed be appreciated.
"With best wishes and kindest personal regards, I am,
"Cordinally yours,
"(Signed) Karl E. Mundt."
Mr. Collier. The communication from the Attorney General is on the letter-
head of the Oflice of the Attorney General, Washington, D. C, dated May 6,
1954:
Hon. Karl E. Mundt,
Viiited States Senate, Washington, D. C.
My Dear Senator : Upon receipt of your letter of May 5, I inquired concerning
the 15-page memorandum referred to therein, and was advised that under date
of January 26, 19.51, a 15-page memorandum was addressed to Maj. Gen. A. R.
HEARINGS ON SENATE RESOLUTION 301 115
Boiling, Assistant Chief of Staff, G-2, with a copy to Maj. Gen. Joseph F. Carroll,
Director, Special Investigations, the Inspector General, USAF, by Mr. J. Edgar
Hoover, Director of the FBI. This memorandum is classified "Confidential,"
which means, under existing law that its contents must not be disclosed "in,
the best interests of the national security." It was delivered by hand to the
appropriate officials of the Air Force and the Army.
I inquired further to determine whether or not the Federal Bureavi of Inves-
tigation or any person on its behalf had ever authorized the delivery of this
memorandum to others, and was advised that the FBI has never released or
authorized the release of the memorandum or any portion thereof to anyone
except as above stated.
The question as to whether or not this memorandum can now be declassified
and made public has been presented to me by your letter.
The FBI has a duty as the principal intelligence agency of the Government,
operating within the United States and Territorial possesions, to call to the
attention of other agencies of the executive branch of Government information
of interest to such agencies. This is particularly true insofar as the investigative
and intelligence branches of the armed services are concerned. The Director
of the FBI and other intelligence and investigative agencies must be free to
exchange information, one with the other, without the fear that information of
a classified nature will be made public. The FBI with its enormous responsi-
bilities to the President, the Congress, and the American public must have the
fullest cooperation from all persons who possess information bearing upon the
internal security of our country. This it cannot have unless it is in a position
to give assurances that its files will be kept confidential.
It has been the consistent and I believe wise policy of the Department of
Justice, therefore, not to disclose the contents of FBI reports or memoranda or
any part thereof. The only exception has been in the rare case where the
information contained therein has been fully testified to by a witness or wit-
nesses in court or before congressional committees under oath, so that no element
of disclosure was in fact involved, and where no confidential sources of informa-
tion or investigative techniques would be disclosed.
The 15-page memorandum, if made public, would reveal confidential sources
of information on the FBI, and confidential investigative techniques. It con-
tains the names of persons against whom no derogatory material has been
shown and unevaluated data as to others. Its publication would be harmful
to matters now under consideration.
I must therefore conclude that the memorandum should not be declassified
and that publication of the memorandum would be contrary to the public
interest.
Your second request refers to a 2%-i)i\ge documents, dated January 26, 1951,
a copy of which was delivered to us by Mr. Robert A. Collier, assistant counsel
of your subcommittee, and which is returned herewith. This documents pur-
ports to be a copy of a letter with a salutation : "Ma.lor General Boiling, Assist-
ant Chief of Staff, G-2, Department of the Army, Washington, D. C, Sir :" It
is marked "Personal and Confidential." It closes with the following type-
written signature : "Sincerely yours, J. Edgar Hoover, Director."
Mr. Hoover has examined the document and has advised me that he never
wrote any such letter. However, this document does contain phraseology which
is identical with words and paragraphs with those contained in the 15-page
memorandum referred to previously. In addition this docmnents contains the
listing of names identical with names contained in the 15-page memorandum.
After these names there appear the words "derogatory" or "no derogatory"
which were not contained in the original memorandum. Although the 214-page
document purports to be a letter signed by J. Edgar Hoover, Director of the
FBI, these evaluations of "derogatory" or "no derogatory" were not made by
him nor by anyone on his behalf. In fact, there is nothing contained in the
2% -page document to show who made such evaluations. In view of these facts
and because the document constitutes an unauthorized use of information which
is classified as "confidential," and for the reasons previously stated, it is my
opinion that it should not be made public.
Sincerely yours,
Herbert Brownell, Jr.,
Attorney General.
There is a reference to the fact that the letter is marked "Exhibit
No. 16."
116 HEARINGS ON SENATE RESOLUTION 301
From pages 3080 to 3083 of the stenographic transcript, volume
18 of the hearing on Ma}^ 17, 1954 :
Senator Mundt. We will begin tliis morning by annoxuicing that the Chair has
received liis reply from the Attorney General to a letter which was written
some time ago in connection with the so-called .SVt-page document, and in the
interest of time I shall not read my letter of May 10 in its entirety. It is a
little long. Btit I will ask to include it in the record as an exhibit appropriately
marked and I shall read the significant passages.
(The letter referred to was marked "Exhibit No. 18" and received in evi-
dence. )
Senator Mundt. For the purposes of recapitulation, you will recall that this
dealt with the 214-page document — by the way, it has been returned, and I will
ask that it be passed down to Senator McCarthy, since it is his property — -
in which, paraphrasing my letter, I asked the Attorney General whether his
admonition against publishing or releasing the contents of that document in
toto held for all portions and all paragraphs. The significant part of my letter
after reviewing my previous interrogatory of the Attorney General, was this :
"Would it be possilile for you to authorize or clear for use as an exhibit be-
fore our subcommittee any of the paragraphs or portions of the enclosed 214-
page document? It has occurred to some members of the subcommittee that
the fact that the 214,-page document may contain the names of some of those
still under investigation or being used as informants could he the l»asis on which
you requested the contents be not divulged. If so, perhaps such names could
be deleted and other portions of the document released.
"Will you please write me your reaction to this request, and if you feel it is
against the best security interests of the United States to permit any portion
at all of the 2H-page document to be used as an exhibit before our subcom-
mittee, I am sure it will be helpful to us if you will give your specific reasons
for making such a determination We, of course, do not want to make public
anything which is deemed to be injurious to our national interest to disclose,
but in our search for truth in the current liearings, on the other hand, we would
like to have availnble for our consideration every fact and document which can
be included in our record without doing violence to essential security con-
siderations.
"We will appreciate a reply as soon as possible."
Next are the words, still Senator Mundt :
I talked about the enclosures.
I have here a reply from the Attorney General :
May 13, 1954.
Hon. Karl E. Mitndt,
United States Senate, Washinfiton, D. C:
In reply to your letter of May 10, 1954, for the reasons set forth in my letter
of May 6, it is my opinion that it would not be in the public interest to release the
214 -page document which purports to be a copy of a letter or to release any part
thereof.
As I pointed out. the document is not authentic in that no such letter was
written by Mr. J. Edgar Hoover. The portions of this document which were
taken verbatim from the 15-page interdepartmental FBI memorandum dated
January 26, 1951, by an unidentified person are classified "confidential" by law;
this means they must not be disclosed "in the best interests of the national
security."
If the "confidential" classification of the FBI reports and memoranda is not
respected, serious and irreparable harm will be done to the FBI. This prin-
ciple applies with equal force to the release of portions of the FBI memo-
randum which are contained in the 214-page document as well as to the memo-
randum as a whole.
The Department has under consideration at the present time possible viola-
tions of criminal law as a result of the referral of the transcript of the hearings
to the Department by your subconunittee. The 2i4-page document is involved,
and its declassification at this time might affect adversely or even defeat the
proper prosecution of offenses involved in its preparation and dis.semination.
This consideration confirms my original opinion that it would not be in the
public interest to declassify the document or any part of it at the present time.
Sincerely,
Herbert Brownell, Jr.,
Attorney General.
SHEARINGS ON SENATE RESOLUTION 301 117
Mr. Mundt again in his own words :
I ask that my letter in full, and the Attorney General's letter in full, be en-
tered at this point in the record, and properly identified.
And in parentheses :
The letter from the Attorney General was marked "Exhibit No. 19" and re-
ceived in evidence.
End of parentheses.
Again reverting to the stenographic transcript, this time volume No.
34, pages 6722 and 6723 :
Senator Jackson. All right, we won't go into any further detail about that.
When did you first see the 2Vt-page FBI document?
Mr. Cakr. I believe — I believe that I first saw the two and a— what is it, 21^-
page document? — in this courtroom, or just before that, just the day that Mr.
McCarthy lianded it up here, or attempted to have the Chair read it.
Senator .Jackson. Tou had never seen it before?
Mr. Carr. I had never seen it. I knew about it, however.
Senator Jackson. So it was never in the files?
Mr. Carr. It was never in the files downstairs ; no, sir.
Senator Jackson. How could you conduct this investigation? You are the
staff director, and if yoii hadn't seen it until the day you came in, how could
you have conducted this investigation without having seen that document?
Mr. Carr. I didn't have to see the document, sir. I know what was in it.
Further in the stenographic testimony of the same hearing for June
17, vohime 36, at pages 7270 and 7271 :
Mr. Welch. Where do you keep the documents like the 2%-page document that
we had here?
Senator McCarthy. Mr. Welch, I was of the opinion that was down in the
committee files. However, I heard 'Slv. Carr testify to the effect that it was not :
that it was in my office. I will take Mr. Carr's testimony on that, because I
am sure he is right in that.
I\Ir. Welch. That you would consider an important document; would you not?
Senator McCarthy. Important, but not important beyond many documents
•we get.
Mr. Welch. You wouldn't allow it to lie around carelessly, would you, Senator?
Senator McCarthy. It did not lie around carelessly.
]Mr. Welch. I want to ask about that. Have you a safe in your office?
Senator McCarthy. I have.
Mr. Welch. Was that document kept in that safe?
Senator McCarthy. Apparently it was, Mr. Welch. May I say, I wasn't aware
■of that until I heard Mr. Carr testify to that, and I checised with Mrs. DriscoU
and she tells me that document was in my safe rather than in the committee
files.
Mr. Welch. In your safe, sir?
Senator McCarthy. Yes.
Mr. Welch. May I ask who has access to your safe; others than you, or not?
Senator McCarthy. My administrative assistant has access. Mrs. Driscoll
has. I, of course, have. I don't think anyone else has the combination.
Mr. Chairman, that conchides the factual matter in connection with
the subject matter to which we have been directing our attention.
My brief, of course, contains some memorandums of law, but I have
already made a request to you that this material might be presented by
the staff in carefully prepared and revised documentary form, rather
than as it is in our briefs, which we will do, giving a copy of that
paper to Mr. Williams. And we hope that it may be made part of the
record without the necessity of needing it here.
Mr. Williams. May we have that today, Mr. Chadwick?
Mr. Chadwick. I do not think I can supply it today.
Mr. Williams. All right.
118 HEARINGS ON SENATE RESOLUTION 301
The Chairman, I understand, Mr. Cliadwick, it will probably be
next Tuesday before you can give that material,
Mr, Chadwick. Yes, sir.
The Chairman. And I assume that you will want some additional
time in which to prepare such items with respect to the law as you have
already indicated you want for the record ?
Mr, Williams. Yes, sir.
The Chairman. The Chair recognizes the fact that it is a long
and laborious job to prepare these briefs, and to carefully check the
authorities and the precedents and for that reason I think that any
reasonable time should be granted either counsel for the committee
or counsel for Mr. McCarthy in which to do that job.
Mr. Chadwick. Such briefs of the law will contain all reference
to all Federal directives that we identify as having application. We
might read them here, and we may read them when we file our report,
if we deem it fit, but I suggest that we better not read it now until
we have had a chance to review that situation, Mr. Chairman,
Mr. Williams. If we could have even a rough draft of that prior
to Tuesday, I think that we might be able to file our brief by Tuesday
or Wednesday in reply thereto.
I assume that you have reference to those legal matters that Senator
Case called to our attention this morning ?
Mr, Chadwick, Yes, sir ; matters that we have heretofore ref eiTed
to at the close of the reading of the brief on various points. And
that is a reasonable request. We can give it to you in the rough with-
out the extension of material, because we will give you these citations
in support thereof.
Mr. Williams. Thank you.
Senator Carlson. May I ask if the request that Senator Case made
this morning contained a request for Executive Order No. 10450,
which deals with the security requirements of Government employ-
ment and, also, the Presidential directive of March 13, 1948, which
deals w^ith the confidential status of employees. It seems to me that
should be a part of these hearings, if it is not already.
Mr. Chadwick. Yes, sir; we quite agree. It will be made a part
of that.
The Chairman. I take it that counsel is going to search for all of
the precedents, all of the sections of the code, all of the rules of the
Senate or any interpretations thereof that have anything to do with
this matter.
Mr. Chadwick. We will do our very best, Mr. Chairman.
The Chairman. That includes the Presidential directives, and any-
thing of a legal nature that may throw some light on these contro-
versies, that is, on these issues raised in this hearing?
Mr. Chadwick. That will be our purpose, and it is our under-
standing of our instructions.
The Chairman. Is there anything further that you have to offer
in a factual way at this time?
Mr. Chadwick. No, sir.
The Chairman. This is rather early in the day. The committee
has been looking for a time when it could hold a rather extended execu-
tive session. 'There are matters of law to be cleared up and matters
of investigation yet to be finished and to receive reports on some
HEARINGS ON SENATE RESOLUTION 301 119
tha,t are underway, so that the committee appreciates getting the
rest of the afternoon to work out such matters, in which to hold such
a meeting.
As I said yesterday, some members of the committee at least will
attend the funeral tomorrow in South Carolina, and that will make
it impossible for us to go ahead with the hearing.
The hearings will resume next Tuesday morning at 10 o'clock, and
in this same room.
Mr. Williams. Do you want us at this meeting ?
The Chairman. We have some internal work with respect to the
committee's activities. If you have anything to suggest, Mr. Wil-
liams, either you or Senator McCarthy, that will be helpful in getting
all of the facts in the record — in getting all of the law pertinent to this
matter in the record — we would be very glad to meet with you for that
purpose.
We do not have any other objective in mind, however.
Mr. WiLLLVMS. Thank you.
The Chairman. The committee will now stand in recess until next
Tuesday morning at 10 o'clock.
(Whereupon, at 3 : 10 p. m., the committee recessed, to reconvene
at 10 a. m., Tuesday, September 7, 1954.)
HEAEINGS ON SENATE EESOLUTION 301
TUESDAY, SEPTEMBER 7, 1954
United States Senate,
Select Committee To Study Censure Charges
Pursuant to Senate Order on Senate Resolution 301,
Washrngtan^ D. C.
The select committee met, pursuant to recess, at 10: 14 a. m., in the
caucns room, 318 Senate Office Building, Senator Arthur V. Watkins
(chairman) presiding.
Present: Senators Watkins (chairman), Johnson (vice chairman),
Carlson, Case, Stennis, and Ervin.
Also present: Senator McCarthy; E. Wallace Chadwick, counsel
to the committee ; Guy G. de Furia, assistant counsel to the committee;
John M. Jex, clerk of the committee : John W. Wellman, staff mem-
ber; Frank Ginsberg and Ray R. McGuire. members of Senator Wat-
kins' staff on loan to the committee : and Edward Bennett Williams,
counsel to Senator McCarthy, with his associates, Agnes A. Neill and
Brent Bozell.
The Chairman. The committee will resume session.
Confirming a committee purpose, which I mentioned at a pre\dous
hearing, judicial or legislative notice will be taken by this committee
of the report of the Henning-Hayden-Hendrickson Subcommittee on
Privileges and Elections of the Committee on Rules and Adminis-
tration relating to the investigation directed against Senators Joseph
R. McCarthy and William Benton, pursuant to Senate Resolution
187 and Senate Resolution 304, in the 82d Congress; for the limited
purpose of showing the nature (but not to establish the truth or
falsity) of the charges before that subcommittee, as bearing upon the
question of jurisdiction of that subcommittee.
That report will be made a part of this record, and will appear as
appendix No. III.
Tliis committee will also take legislative notice of the letter from
the President to the Secretary of defense, dated May 17, 1954, and of
the memorandum of law from the Attorney General to the President,
accompanying the same. The counsel will "offer said letter and memo-
randum in evidence by copies thereof, and will read the letter into
the record. The memorandum will be marked as an exhibit and
included as part of the record without reading.
You may proceed, Mr. Chadwick.
Mr. Chadwick. Mr. Chairman, I offer in evidence a letter of the
President of the United States to the Secretary of Defense, dated
May 17, 1*954, which I will read for the purposes and into the record
as you direct.
121
122 HEARINGS ON SENATE RESOLUTION 301
The Chairman. The Chair has already directed that you read it
into the record. I have already taken judicial notice of that docu-
ment. You may proceed, Mr. Chadwick.
Mr. Chadwick. The letter reads as follows :
Dear Mr. Seceetary : It has long been recognized that to assist the Con-
gress in achieving its legislative purposes every executive department or agency
must, upon the request of a congressional committee, expeditiously furnish
Information relating to any matter within the jurisdiction of the conniiittee,
with certain historical exceptions — some of which are pointed out in the at-
tached memorandum from the Attorney General. This administration has been
and will continue to be diligent in following this principle. However, it is essen-
tial to the successful working of our system that the persons entrusted with
power in any 1 of the 3 great branches of Government shall not encroacli upon the
authority confided to the others. The ultimate responsibility for the conduct of
the executive branch rests with the President.
Within this constitutional framework each branch should cooperate fully
with each other for the common good. However, throughout our history the
President has withheld information whenever he found that what was sought
was confidential or its disclosure would be incompatible with the public interest
or jeopardize the safety of the Nation.
Because it is essential to efficient and effective administration that employees
of the executive branch to be in a position to be completely candid in advising
with each other on official matters, and because it is not in the public interest
that any of their conversations or communications, or any documents or repro-
ductions, concerning such advice be disclosed, you will instruct employees of
your Department that in all of their appearances before the subcommittee of the
Senate Committee on Government Operations regarding the inquiry now before
if they are not to testify to any such conversations or communications or to pro-
duce any such documents or reproductions. This principle must be maintained
regardless of who would be benefited by such disclosures.
i direct this action so as to maintain the proper separation of powers between
the executive and legislative branches of the Government in accordance with
my responsibilities and duties under the Constitution. This separation is vital
to preclude the exercise of arbitrary power by any branch of the Government.
By this action I am not in any way restricting the testimony of such witnesses
as to what occurred regarding any matters where the communication was directly
between any of the principals in the controversy within the executive branch
on the one hand and a member of the subcommittee or its staff on the other.
Sincerely,
(Signed) Dwight D. Eisenhower.
This letter is addressed to the honorable the Secretary of Defense,
Washinjrton, D. C. This letter was dated May 17, 1954.
Mr. Williams. Mr. Chairman.
The Chairman. Mr. Williams.
Mr. Williams. I understood that order as read by Mr. Chadwick
pertains solely and exclusively to the committee of which Senator
Mundt was chairman, which functioned earlier this year.
Now, I was wonderino; what relative purpose this introduction had
here. I thought Mr. Chadwick might help us on that.
The Chairman. Mr. Chadwick.
Mr. Chadwick. As I catch the question, it is the limitation on a
certain matter to prove a certain case. Mr. Williams, I think the docu-
ment speaks for itself.
Mr. Williams. It does to me, Mr. Chadwick. It speaks very clearly
that it has applicability only to the Mundt committee. I wondered
what its purpose was in this hearing.
Mr. Chadwick. The purpose is to supplement the other testimony
which has been read as evidence heretofore or which may be adduced
hereafter with reference to the utilization, use, transmission, disclosure
of classified documents or other communications, interdepartmental
connnunications which are confidential under this directive.
HEARINGS ON SENATE RESOLUTION 301 123
Senator Case. Mr. Chairman ?
The Chairman. Senator Case.
Senator Case. Will counsel state whether or not this letter from the
President went to the so-called Mundt committee before or after, and
was it written or issued by the President before or after the alleged
invitation by Senator McCarthy to Government employees with re-
spect to the furnishing of certain information ?
Mr. Chadw^ck. My best recollection, sir, is that it followed that,
that it was immediately contemporaneous with it. Whether it was
immediately before or immediately after, I cannot say without refer-
ence to the record.
Senator Case. The dates, I assume, do appear in the record.
Mr. Chadwick. They do, sir. I call the attention of the stenog-
i-apher, and ask him to mark as a committee exhibit a memorandum
10 pages in length to the President from the Attorney General which
was attached to and in support of the Presidential order which I have
just read into the record. I ask him to advise me what number to give
to the document. We understand that it is exhibit No. 3. It is offered
in evidence as part of the record in this case.
The Chairman. The Chair has already ruled the exhibit will be
marked as a memorandum and be included as a part of the record at
this point.
Memorandum
For : The President.
From : The Attorney General.
One of the chief merits of the American system of written constitutional law
is tliat all the powers entrusted to the Government are divided into three sreat
departments, the executive, the le?;islative, and the judicial. It is essential to
the successful working of this system that the persons entrusted with power
in any one of these branches shall not be permitted to encroach upon the powers
confided to the others, but that each shall be limited to the exercise of tlie powers
•appropriate to its own department and no other. The doctrine of separation of
powers was adopted to preclude the exercise of arbitrary power and to save the
people from autocracy.
This fundamental principle was fully recognized by our first President, George
Washington, as early as 1796 when he said: "* * * it is essential to the due
administration of the Government that the boundaries fixed by the Constitution
between tlie different departments should be preserved * * *." In his Fare-
well Address, President Washington again cautioned strongly against the danger
of encroachment by one department into the domain of another as leading to
despotism. This principle has received steadfast adherence throughout the
many years of our history and growth. More than ever, it is our duty today to
heed these words if our country is to retain its place as a leader among the
free nations of the world.
For over 150 years — almost from the time tliat the American form of govern-
ment was created by the adoption of the Constitution — our Presidents have
established, by precedent, that they and members of their Cabinet and other
heads of executive departments have an undoubted privilege and discretion to
keep confidential, in the pulilic interest, papers and information which require
secrecy. American history abounds in countless ilUistrations of the refusal, on
occasion, by the President and heads of d partments to furnish papers to Con-
gress, or its committees, for reasons of pulDlic policy. The messages of our past
Presidents reveal that almost every one of them found it necessary to inform
Congress of his constitutional duty to execute the office of President, and, in
furtherance of that duty, to withhold informatit)n and papers for the public good.
Nor are the instances lacking where the aid of a court was sought in vain to
obtain information or papers from a President and the heads of departments.
Courts have uniformly held that the President and the heads of departments
have an uncontrolled discretion to withhold the information and papers in the
public interest ; they will not interfere with the exercise of that discretion, and
52461—54 9
124 HEARINGS ON SENATE RESOLUTION 301
that Congress has not the power, as one of the three great branches of the
Government, to subject the executive branch to its will any more than the execu-
tive branch may impose its unrestrained will upon the Congress.
PRESIDENT Washington's administration
In March 1792, the House of Representatives passed the following resolution :
''Resolved, That a committee be appointed to inquire into the causes of the
failure of the late expedition under Major General St. Clair ; and that the said
committee be empowered to call for such persons, papers, and records, as may be
necessary to assist their inquiries." (3 Annals of Congress, p. 493.)
This was the first time that a committee of Congress was appointed to look
into a matter which involved the executive branch of the Government. The
expedition of General St. Clair was under the direction of the Secretary of War.
The expenditures connected therewith came under the Secretary of the Treasury.
The House based its right to investigate on its control of the expenditures of
public moneys. It appears that the Secretaries of War and the Treasury ap-
peared before the committee. However when the committee was bold enough f o
ask the President for the papers pertaining to the General St. Clair campaign,
President Washington called a meeting of his Cabinet (Binkley, President and
Congress pp. 40-41 ) .
Thomas Jefferson, as Secretary of State, reports what took place at that
meeting. Besides Jefferson, Alexander Hamilton, Henry Knox, Secretary of
War, and Edmond Randolph, the Attorney General, were present. The com-
mittee had first written to Knox for the original letters, instructions, etc., to
General St. Clair. President Washington stated that he had called his Cabinet
members together, because it was the first example of a demand on the Executive
for papers, and he wished that so far as it should become a precedent, it should
be rightly conducted. The President readily admitted that he did not doubt the
propriety of what the House was doing, but he could conceive that there might
be papers of so secret a nature, that they ought not to be given up. Washington
and his Cabinet came to the unanimous conclusion :
"First, that the House was an inquest, and therefore might institute inquiries.
Second, that it might call for papers generally. Third, that the Executive ought
to communicate such papers as the public good would permit, and ought to refuse
those, the disclosure of which would injure the public : consequently were to
exercise a discretion. Fourth, that neither the committee nor House had a right
to call on the Head of a Department, who and whose papers were under the
President alone ; but that the committee should instruct their chairman to move
the House to address the President."
The precedent thus set by our first President and his Cabinet was followed in
1796, when President Washington was presented with a resolution of the House
of Representatives which requested him to lay before the House a copy of the
instructions to the Minister of the United States who negotiated the treaty with
the King of Great Britain, together with the correspondence and documents rela-
tive to that treaty. Apparently it was necessary to implement the treaty with
an appropriation which the House was called upon to vote. The House insisted on
its right to the papers requested, as a condition to appropriating the required
funds. (President and Congress, Wilfred E. Binkley (1947), p. 44).
President Washington's classic reply was, in part, as follows :
"I trust that no part of my conduct has ever indicated a disposition to withhold
any information which the Constitution has enjoined upon the President as a
duty to give, or which could be required of him by either House of Congress as a
right ; and with truth I affirm that it has been, as it will continue to be while I
have the honor to preside in the Government, my constant endeavor to harmonize
with the other branches thereof so far as the trust delegated to me by the people
of the United States and my sense of the obligation it imposes to 'preserve, pro-
tect, and defend the Constitution' will permit" (Richardson's Messages and
Papers of the Presidents, vol. 1, p. 194).
Washington then went on to discuss the secrecy required in negotiations with
foreign governments, and cited that as a reason for vesting the power of making
treaties in the President, with the advice and consent of the Senate. He felt
that to admit the House of Representatives into the treatymaking power, by
reason of its constitutional duty to appropriate moneys to carry out a treaty,
would be to establish a dangerous precedent. He closed his message to the
House as follows :
HEARINGS ON SENATE RESOLUTION 301 125
"As, therefore, it is perfectly clear to my understanding that the assent of the
House of Representatives is not necessary to the validity of a treaty ; * * * and
as it is essential to the due administration of the Government that the boundaries
fixed by the Constitution between the different departments should be preserved,
a just regard to the Constitution and to the duty of my office, under all the
circumstances of this case, forbids a compliance with your request" (Richard-
son's Messages and Papers of the Presidents, vol. 1, p. 196 ) .
PRESIDENT JEFFERSON'S ADMINISTRATION
In January 1807, Representative Randolph introduced a resolution, as follows :
"Resolved, That the President of the United States be, and he hereby is, re-
quested to lay before this House any information in possession of the Executive,
except such as he may deem the public welfare to require not to be disclosed,
touching any illegal combination of private individuals against the peace and
safety of the Union, or any military expedition planned by such individuals
against the territories of any power in amity with the United States ; together
with the measures which the Executive has pursued and proposes to take for
suppressing or defeating the same" (16 Annals of Congress (1806-1807), p. 336).
The resolution was overwhelmingly passed. The Burr conspiracy was then
stirring the country. Jefferson had made it the object of a special message to
Congress wherein he referred to a military expedition headed by Burr. Jeffer-
son's reply to the resolution was a message to the Senate and House of Repre-
sentatives. Jefferson brought the Congress up to date on the news which he
had been receiving concerning the illegal combination of private individuals
against the peace and safety of the Union. He pointed out that he had recently
received a mass of data, most of which had been obtained without the sanction
of an oath so as to constitute formal and legal evidence. "It is chiefly in the
form of letters, often containing such a mixture of rumors, conjectures, and sus-
picions as renders it difficult to sift out the real facts and unadvisable to hazard
more than general outlines, strengthened by concurrent information or the par-
ticular credibility of the relator. In this state of the evidence, delivered some-
times too under the restriction of private confidence, neither safety nor justice
will permit the exposing names, except that of the principal actor, whose guilt
is placed beyon question" (Richardson's Messages and Papers of the Presidents,
vol. 1, p. 412, dated January 22, 1807).
SIMILAR ACTIONS BY PRESIDENTS JACKSON, TYLER, BUCHANAN, AND GRANT
On February 10, 1835, President Jackson sent a message to the Senate wherein
he declined to comply with the Senate's resolution requesting him to communi-
cate copies of charges which had been made to the President against the official
conduct of Gideon Fitz, late surveyor-general, which caused his removal from
office. The resolution stated that the information requested was necessary both
in the action which it proposed to take on the nomination of a successor to Fitz,
and in connection with the investigation which was then in progress by the
Senate respecting the frauds in the sales of public lands.
The President declined to furnish the information. He stated that in his
judgment the information related to subjects exclusively belonging to the execu-
tive department. The request therefore encroached on the constitutional powers
of the Executive.
The President's message referred to many previous similar requests, which
he deemed imconstitutional demands by the Senate :
"Their continued repetition imposes on me, as the representative and trustee
of the American people, the painful but imperious duty of resisting to the utmost
any further encroachment on the rights of the Executive" (ibid., p. 133) .
The President next took up the fact that the Senate resolution had been
passed in executive session, from which he was bound to presume that if the
information requested by the reoslution were communicated, it would be applied
in secret session to the investigation of frauds in the sales of public lands. The
President said that, if he were to furnish the information, the citizen whose
conduct the Senate sought to impeach would lose one, of his basic rights, namely,
that of a public investigation in the presence of his accusers and of the witnesses
against him. In addition, compliance with the resolution would subject the
motives of the President, in the case of Mr. Fitz, to the review of the Senate
when not sitting as judges on an impeachment ; and even if such a consequence
did not follow in the present case, the President feared that compliance by the
126 HEARINGS ON SENATE RESOLUTION 301
Executive might thereafter be quoted as a precedent for similar and repeated
applications.
"Such a result, if acquiesced in, would ultimately subject the independent
constitutional action of the Executive in a matter of great national concern-
ment to the domination and control of the Senate; * * *
"I therefore decline a compliance with so much of the resolution of the Sen-
ate as requests 'copies of the charges, if any,' in relation to Mr. Fitz, and in
doing so must be distinctly understood as neither affirming nor denying that
any such cliarges were made; * * *" (ibid. p. 134).
One of tlie liest reasoned precedents of a President's refusal to permit the
head of a department to disclose confidential information to the House of Repre-
sentatives is President Tyler's refusal to communicate to the House of Repre-
sentatives the reports relative to the affairs of tbe Cherokee Indians and to
tbe frauds which were alleged to have been practiced upon them. A resolution
of the House of Representatives had called upon the Secretary of War to com-
municate to tlie House the reports made to the Department of War by Lieutenant
Colonel Hitchcock relative to the affairs of the Cherokee Indians together with
all information communicated by him concerning the frauds he was charged
to investigate ; also all facts in the possession of the Executive relating to tiie
sul>.ipct. The Secretary of War consulted with the President and under the hit-
ter's direction informed the House that negotiations were then pending with
the Indians for settlement of their claims; in the opinion of the President and
the Department, therefore, publication of the report at that time would be
inconsistent wtih the public interest. The Secretary of War further stated
in his answer to the i-esolution that the report sought by the House, dealing with
alleged frauds which Lieutenant Colonel Hitchcock was charged to investigate,
contained information which was obtained by Colonel Hitchcock by ex parte
inquiries of persons whose statements were without the sanction of an oath,
and wliich tlie persons implicated had had no opportunity to contradict or ex-
plain. The Secretary of War expressed the opinion that to promulgate th',>se
statements at that time would be grossly unjust to those persons, and would
defeat the object of the inquiry. He also remarked that the Department had
not been given at that time sufficient ouportunity to pursue the investigation, to
call the parties affected for explanations, or to determine on the measures
proper to be taken.
The answer of the Secretary of War was not satisfactory to the Com-
mittee on Indian Affairs of the House, which claimed the right to demand
from the Executive and heads of departments such information as may be in
their possession relating to sulxiects of the deliberations of the Hou^e.
President Tyler in a message dated .January 31, 1843, vigorously asserted
that the House of Representatives could not exercise a right to call upon the
Executive for information, even though it related to a subject of the delibera-
tions of the House, if, by so doing, it attempted to interfere with the discretion
of the Executive.
The snme course of action was taken by President James Buchanan in ISGO
in resisting a resolution of the House to investigate whether the President
or any other officer of the Government had, by money, patronage or other im-
proper means sought to influence the action of Congress for or against the
passage of any law relating to the rights of any State or Territory (see Rich-
ardscm, "Messages and Papers of the Presidents," vol. 5, pp. 618-6103.
In the administration of President Ulysses S. Grant, the House requested the
President to inform it whether any executive offices, acts, or duties, and if any,
what, have been performed at a distance from the seat of government established
by law. It appears that the purpose of this inquiry was to embarrass the Presi-
dent bv reason of h's having spent some of the hot months at Long Branch.
President Grant repied that he failed to find in the Constitution the authority
given to the House of Representatives, and t^^at the inquiry had nothing to do
with legislation (Richardson, Messages and Papers of the Presidents, vol. VII,
pp. 362-363).
PBESIDENT CLEVELAND'S ADMINISTRATION
In 1886, during President Cleveland's administration, there was an extended
discussion in the Senate with reference to its relations to the Executive caused
by the refusal of the Attorney General to transmit to the Senate certain docu-
ments concerning the administration of the office of the district attorney for the
southern district of south Alabama, and suspension of George W. Durkin, the
late incumbent. The majority of the Senate Committee on the Judiciary con-
HEARINGS ON SENATE RESOLUTION 301 127
eluded it was entitled to know all that ofBcially exists or takes place in any of
the departments of Government and that neither the President nor the head of a
department could withhold official facts and information as distinguished from
private and unofficial papers.
In his reply President Cleveland disclaimed any intention to withhold official
papers, but he denied that papers and documents inherently private or confiden-
tial, addressed to the President or a head of a department, having reference to an
act entirely executive such as the suspension of an official, were changed in their
nature and became official when placed for convenience in the custody of a
public department (Richardson, Messages and Papers of the Presidents, vol. 8,
pp. 378-379, 381 ) .
Challenging the attitude that because the executive departments were created
by Congress the latter had any supervisory power over them, President Cleveland
declared (Eberling, Congi'essional Investigation, p. 258) :
"I do not suppose that the public offices of the United States are regulated
or controlled in their relations to either House of Congress by the fact that they
were created by laws enacted by themselves. It must be that these instrumen-
talities were created for the benefit of the people and to answer the general pur-
poses of Government under the Constitution and the laws, and that they are
unencumbered by any lien in favor of either branch of Congress growing out of
their construction, and unembarrassed by any obligation to the Senate as the
price of their creation."
PRESinENT THEODORE ROOSEVELT'S ADMINISTRATION
In 1909. during the administration of President Theodore Roosevelt, the
question of the right of the President to exercise complete direction and control
over heads of executive departments was raised again. At that time the Senate
passed a resolution directing the Attorney General to inform the Senate whether
certain legal proceedings had been instituted against the United States Steel
Corp., and if not, the reasons for its nonaction. Request was also made for
any opinion of the Attorney General, if one was written. President Theodore
Roosevelt replied, refusing to honor this request upon the ground that "beads
of the executive departments are subject to the Constitution, and to the laws
passed by the Congress in pursuance of the Constitution, and to the directions
of the President of the United States, but to no other direction whatever"
(Congressional Record, vol. 43, pt. 1, 60th Cong., 2d sess., pp. 527-52S).
When the Senate was unable to get the documents from the Attorney General,
it summoned Herbert K. Smith, the head of the Bureau of Corporations, and
requested the papers and documents on penalty of imprisonment for contempt.
Mr. Smith reported the request to the President, who directed him to turn over
to the President all the papers in the case "so that I could assist the Senate
in the prosecution of its investigation." President Roosevelt then informed
Senator Clark, of the Judiciary Committee, what had been done, that he had
the papers and the only way the Senate could get them was through his
impeachment. President Roosevelt also explained that some of the facts were
given to the Government under the seal of secrecy and cannot be divulged,
"and I will see to it that the word of this Government to the individual is
kept sacred" (Corwin, The President — Office and Powers, pp. 281, 428; Abbott,
"The Letters of Archie Butt, Personal Aide to President Roosevelt," pp. 305-306).
PRESIDENT COOLIDGE's ADMINISTRATION
In 1924, during the administration of President Coolidge, the latter objected
to the action of a special investigating committee appointed by the Senate to
investigate the Bureau of Internal Revenue. Request was made by the com-
mittee for a list of the companies in which the Secretary of the Treasury was
alleged to be interested for the purpose of investigating their tax returns.
Calling this exercise of power an unwarranted intrusion. President Coolidge
said :
"Whatever may be necessary for the information of the Senate or any of its
committees In order to better enable them to perform their legislative or other
constitutional functions ought always to be furnished willingly and expedi-
tiously by any department. But it is recognized both by law and custom that
there is certain confidential information which it would be detrimental to the
public service to reveal" (68th Cong., 1st sess., Record, Apr. 11, 1924, p. 6087).
128 HEARINGS ON SENATE RESOLUTION 301
PRESIDENT HOOVEE'S ADMINISTKATION
A similar question arose in 1930 during tlie administration of President
Hoover. Secretary of State Stimson refused to disclose to the chairman of the
Senate Foreign Relations Committee certain confidential telegrams and letters
leading up to the London Conference and the London Treaty. The committee
asserted its right to have full and free access to all records touching the nego-
tiations of the treaty, basing its right on the constitutional prerogative of the
Senate in the treatymaking process. In his message to the Senate, President
Hoover pointed out that there were a great many informal statements and re-
ports which were given to the Government in confidence. The Executive was
under a duty, in order to maintain amicable relations with other nations, not
to publicize all the negotiations and statements which Aveut into the making
of the treaty. He further declared that the Executive must not be guilty of a
breach of trust, nor violate the invariable practice of nations. "In view of this,
I believe that to further comply with the above resolution would be incompatible
with the public interest" (S. Doc. No. 216, 71st Cong., special sess., p. 2).
PKESIDENT FRANKLIN D. ROOSEVELT'S ADMINISTRATION
The position was followed during the administration of President Franklin
D. Roosevelt. There were many instances in which the President and his
executive heads refused to make available certain information to Congress the
disclosure of which was deemed to be confidential or contrary to the public in-
terest. Merely a few need be cited.
1. Federal Bureau of Investigation records and reports were refused to con-
gressional committees, in the public interest (40 Op. Atty. Gen. No. 8, Apr. 30,
1941).
2. The Director of the Federal Bureau of Investigation refused to give testi-
mony or to exhibit a copy of the President's directive requiring him, in the
interests of national security, to refrain from testifying or from disclosing the
contents of the Bureau's reports and activities (hearings, vol. 2, House, 78th
Cong., Select Committee To Investigate the Federal Communications Commis-
sion (1944), p. 2337).
3. Communications between the President and the heads of departments were
held to be confidential and privileged and not subject to inquiry by a committee
of one of the Houses of Congress (letter dated January 22, 1944, signed Francis
Biddle, Attorney General, to select committee, etc.).
4. The Director of the Bureau of the Budget refused to testify and to produce
the Bureau's files, pursuant to subpena which had been served upon him, because
the President had instructed him not to make public the records of the Bureau
due to their confidential nature. Public interest was again invoked to prevent
disclosure. (Reliance placed on Attorney General's opinion in 40 Op. Atty. Gen.
No. 8, Apr. 30, 1941.)
5. The Secretaries of ¥/ar and Navy were directed not to deliver documents
which the committee had requested, on gTounds of public interest. The Secre-
taries, in their own judgment, refused permission to Army and Navy officers
to appear and testify because they felt that it would be contrary to the public
interests (hearings. Select Committee To Investigate the Federal Communi-
cations Commission, vol. 1, pp. 46, 48-68).
PRESIDENT TRUMAN'S ADMINISTRATION
During the Truman administration also the President adhered to the tra-
tional Executive view that the President's discretion must govern the surren-
der of Executive files. Some of the major incidents during the administra-
tion of President Truman in which information, records, and files were denied
to congressional committees were as follows :
Bate Type of document refused
Mar. 4, 1948 FBI letter-report on Dr. Condon, Director of
National Bureau of Standards, refused by
Secretary of Commerce.
Mar. 15, 1948 President issued directive forbidding all ex:ec-
utive departments and agencies to furnish
information or reports concerning loyalty
of their employees to any court or commit-
tee of Congress, unless President approves.
HEARINGS ON SENATE RESOLUTION 301 129
March 1948 Dr. John R. Steelman, confidential adviser to
the President, refused to appear before Com-
mittee on Education and Labor of the House,
following the service of 2 subpenas upon him.
President directed him not to appear.
Aug. 5, 1948 Attorney General wrote Senator Ferguson,
chairman of Senate Investigations Subcom-
mittee, that he would not furnish letters,
memoranda, and other notices which the Jus-
tice Department had furnished to other Gov-
ernment agencies concerning W. W. Reming-
ton.
Feb. 22, 1950 S. Res. 231 directing Senate subcommittee to
procure State Department loyalty files was
met with President Truman's refusal, follow-
ing vigorous opposition of J. Edgar Hoover.
Mar. 27, 1950 Attorney General and Director of FBI ap-
peared before Senate subcommittee. Mr.
Hoover's historic statement of reasons for re-
fusing to furnish raw files approved by At-
torney General.
May 16, 1951 .. General Bradley refused to divulge conversa-
tions between President and his advisers to
combine Senate Foreign Relations and Armed
Services Committees.
Jan. 31, 1952 President Truman directed Secretary of State
to refuse to Senate Internal Security Sub-
committee the reports and views of foreign
service officers.
Apr. 22, 1952 Acting Attorney General Perlman laid down
procedure for complying with requests for in-
spection of Department of Justice files by
Committee on the Judiciary :
Requests on open cases would not be hon-
ored. Status report will be furnished.
As to closed cases, files would be made
available. All FBI reports and confi-
dential information would not be made
available.
As to personnel files, they are never dis-
closed.
Apr. 3, 1952 President Truman instructed Secretary of
State to withhold from Senate Appropria-
tions Subcommittee files on loyalty and se-
curity investigations of employees — policy to
apply to all executive agencies. The names
of individuals determined to be security risks
would not lie divulged. The voting record of
members of an agency loyalty board would
not be divulged.
Thus, you can see that the Presidents of the United States have withheld in-
formation of executive departments or agencies whenever it was found that
the information sought w^as confidential or that its disclosure would be incom-
patible with the public interest or jeopardize the safety of the Nation. The
courts too have held that the question whether the production of the papers
was contrary to the public interest, was a matter for the Executive to determine.
B.v keeping the lines which separate and divide the three great branches of
our Government clearly defined, no one branch has been able to encroach upon
the powers of the other.
Upon this firm principle of our country's strength, liberty, and democratic
form of government will continue to endure.
Mr. Williams. Mr. Chairman.
The Chairman. Mr. Williams.
Mr. Williams. I don't want to object to the admission of this, and
I think I can avoid any objection by stipulation which I am sure
Mr. Chadwick will enter into, namely, that that letter of May 17, 1954,
130 HEARINGS ON SENATE RESOLUTION 301
from the President to the Secretary of Defense laid down a rule which
had applicability only to the Mnndt committee and it did not have gen-
eral applicability to the Government Operations Committee, of which
Senator McCarthy is chairman. It related solely and exclusively to
the specific hearing which was being conducted under the chairman-
ship of Senator Mundt, of South Dakota, and had no relevancy or ap-
plicability to any other hearing or any other committee function.
Mr. Chauwick. Mr. Williams, I stated I could not affirm that fact
because I am not authorized and have no power to construe, limit the
effect of an order of the President. It is manifestly, on its face, re-
lated to the matters in question.
Mr. WiLLL\Ms. To the matters?
Mr. Chadwick. Whether it goes further, sir, I cannot limit it by
any stipulation which I would enter into.
The Chairman. May I say, gentlemen, that we will check that mat-
ter further in the light of what Mr. Williams has now called to our
attention and if it should appear to be irrelevant and immaterial to
the present issue and has no bearing on it, it will be excluded.
Mr. Chadwick. Mr. Chairman, I submit to you herewith a brief
prepared by the staff summariizng the pertinent cases, rules. Presi-
dential orders, and directives and other legal matters, which will be
cited and relied upon by the staff in support of the propositions de-
veloped before the committee.
We request and suggest that it shall be printed as a supplement to
the record, subject to additions and corrections.
This brief is not submitted as testimony, but is convenient reference
material for the committee and Senate and any other interested
persons.
A copy of this brief has been supplied to Mr. Williams.
The Chairman. I take it from your statement it could be proved.
That seems to be proper.
Mr. Chadwick. May I proceed, sir, to cite the headings of this
brief and such matters therein as seem pertinent to read into the record
now for the immediate information of the committee?
The Chairman. You may.
We do not want you to read the whole brief, but you may cite the
material therein.
Mr. Chadwick. This is submitted as pertaining to law relating to
specifications I to V, inclusive, the specifications being those adopted
in the notice which the chairman gave before the commencement of
these hearings.
With respect to part I, which is contempt of Senate or committee, we
call attention to the Legislative Reorganization Act of 1945, Public
Law 601, and section 102 thereof for standing committees of the
Senate.
We have referred and read into the record and reference has been
made to Senate Resolution 187 of the 82d Congress, the 1st session,
introduced by Senator Banton of Connecticut and referred on August
6, 1951 — and I shall not read all the material which follows. It is
available for the committee, for Mr. Williams, and for the record.
We have reached the conclusion that it is not necessary to deter-
mine whether the Gillette-Hennings subcommittee had or had not
the power to subpena Senator McCarthy. He did not demand a sub-
HEARINGS ON SENATE RESOLUTION 301 131
pena and no subpena was issued. It was clear the subcommittee had
the power to request his appearance other than by subpena.
The jurisdiction of the Subcommittee on Privileges and Elections
was not limited to the conduct of Senator McCarthy connected with
elections, but the jurisdiction of that subcommittee extended to acts
totally unconnected with election matters, but which were relevant in
inquiries relating to expulsion, exclusion, and censure.
We call attention to the Congressional Record of the Senate of
April 8, 1952, at page 3701 ; also at pages 3753 to 3756.
We call attention to the purpose of the introduction of Senate Reso-
lution 300, 82d Congress, 2d session, by Senator Hayden, on April
8, 1952, as shown by the Congressional Record and the senatorial
debate, that it was to affirm or deny the contention of Senator Mc-
Carthy that the Subcommittee on Privileges and Elections lacked
jurisdiction to investigate such acts of the Senator from Wisconsin as
were not connected with elections and campaigns, as well as to bring
before the Senate the charges of Senator McCarthy reflecting upon
the honesty and sincerity of the members of the subcommittee.
The matter of the Senate vote on that is referred to.
On the question of the nature of the Senate as a continuing body,
the contention has been made that the Senate is not a continuing body
and that the incidents under category I, relating to contempt of the
Senate or a senatorial committee, cannot be inquired into by the select
committee under the authority of at least three cases cited. Those
cases are :
Anderson v. Dunn in 6 Wheaton, 204 ;
Journey v. McCrachen (294 U. S. 125) ;
United States v. Bryan (339 U. S. 323).
All cases were cited by Mr. Williams in oral argument or state-
ment before this committee.
This statement by counsel im])lies that the Senate may censure a
member only when he is guilty of contempt.
Counsel for the committee does not believe there is any legal limi-
tation to this effect and that there are acts on the part of a member
of the Senate which may warrant his censure unrelated to any of
contempt toward the Senate or one of its committees. Furthermore,
the examination of the three cases cited shows that they are without
direct application or control to this question.
We cite Senate Document No. 99 of the 83d Congress, 2d session,
a document entitled "Congressional -^Power of Investigation." We
have called attention to the fact that on page 7, while the rule with
reference to the House, whose Members are all elected for a period
of a single Congress, may be the same as in the case of the two Houses
of Parliament, this rule cannot be the case with the Senate, which is
a continuing body w^hose Members are elected for a term of 6 years
and so divided into classes that the seats of one-third only become
vacant at the end of each Congress, two-third always continuing into
the next Congress.
The continuity of the Senate was questioned at the beginning of
the 83d Congress and the issue Avas resolved in favor of the uniform
precedents. See Senate rule XXXII, providing that the legislative
business of the Senate shall be resumed and proceeded with as if no
adjournment had taken place and all papers referred to committees
and not reported upon at the close of a session of Congress shall be
132 HEARINGS ON SENATE RESOLUTION 301
delivered by the Secretary of the Senate to the several committees to
Avhich they had previously been referred.
We also call attention to the Senate debate in the Congressional
Record of the Senate of January 6, 1953, pages 92 to 114.
We also call attention to Senate Document No. 4 of 1933, of the
83d Congress and to the case of McGrain v, Doherty (273 U. S. 135),
at page 181. The date was 1927.
See also Senate rule XXV, page 42 (3) .
D, Necessity of an oath before congiessional committees :
In reference to the necessity of an oath before congressional com-
mittees, and the contention heretofore raised before this committee,
we refer to page 18 of Senate Document No. 99, 83d Congress, 2d
session, previously referred to, which states :
While the administration of an oath to a witness adds dignity to a congres-
sional hearing, it is not essential —
since the Senate may make its own rules, even in censure or expulsion
cases, and there is no rule requiring the administration of an oath to
a witness, it is respectfuly submitted that the point is not well taken.
On the general power of the Senate to censure one of its INIembers,
article 1, section 5, clause 1, of the Constitution provides that each
House shall be the judge of the elections, returns, and qualifications
of its own Members.
Clause 2 of the same section provides that each House may deter-
mine the rules of its proceedings, punish its Members for disorderly
behavior, and with the concurrence of two-thirds expel a Member.
Senate rule XIX, clause 2, provides that no Senator in debate
shall, directly or indirectly, by any form of words impute to another
Senator or to other Senators any conduct or motive unworthy or
unbecoming a Senator. These provisions are respectfully called to
the attention of the select committee, not as limitations upon the
extent of censurable conduct, but as perhaps pertinent to the present
inquiry.
Part 11. Law relating to invitation for and use of classified material :
In this connection we cite the statutory oath imposed upon employees
of the Government generally and particularly as Senator Case asked
us to make a reference to this as a part of the record. The oath of
office is as follows :
1, , do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States against all enemies, foreign and domestic ;
that I will bear true faith and allegiance to the same ; that I take this obliga-
tion freely, without any mental reservation or purpose of evasion ; and that I will
well and faithfully discharge the duties of the office in which I am about to
enter. So help me God. (5 U. S. 16.)
We assume, sir, for purposes of information of the committee, that
the staff has been as yet unable to find that. A search of the statutes
fails to disclose: (a) any provision for administering or any form
of "security oath," or (b) any provision for or protection of "the chain
of command of the civil service," referred to in amendment 14 pro-
posed by Senator Flanders.
We cite the Espionage Act, Ignited States Code chapter 37 on the
subject Espionge and Censorship. I refer only to sections thereof
which, of course, will be set out in full.
Title 18, section 793(d) covers "gathering, transmitting, or losing
defense information."
HEARINGS ON SENATE RESOLUTION 301 133
The Scame section, 792, covers harboring or concealing any person
"who he knows or has reasonable ground to believe or suspect, has
committed or is about to commit, an affense under sections 793 or 794"
of this article "shall be" — and there follows a statement of the penalty
in connection therewith, (June 25, 1948, ch. 645, 62 Stat. 736.)
Of the pertinent subject with which we are dealing, and under the
subhead "crimes, general provisions, misprision of felony," we cite
United States Code, chapter I, title 18, section 4, which I shall read :
Whoever, having knowledge of the actual commission of a felony cognizable
by a court of the United States, conceals and does not as soon as possible make
known the same to some judge or other person in civil or military authority
under the United States, shall be fined (penalty, etc.). (June 25, 1948, ch.
645, 62 Stat. 684.
On the subject Disclosure of Confidential Information Generally,
( 18 U. S. Code, sec. 1905) , reads :
Whoever, being an officer or employee of the United States or of any depart-
ment or agency thereof, publishes, divulges, discloses, or makes known in any
manner or to any extent not authorized by law any information coming to
him in the course of his employment or official duties * * * shall be —
and this is followed in the act by the statement of the penalty.
On the subject of Activities Affecting Armed Forces. Generally, we
cite the act of June 25, 1948, chapter. 645, 62 Stat. c. 811, as amended
May 24, 1949, chapter 139, section 46, 63 Stat. 96.
From that section, I read ifi more detail the provisions of sec-
tion (b) :
For the purposes of this section, the term "military or navel forces of the
United States" includes the Army of the United States, the Navy, Air Force,
Marine Corps, Coast Guard, Naval Reserve, Marine Corps Reserve, and Coast
Guard Reserve of the United States ; and, when any merchant vessel is com-
missioned in the Navy or is in the service of the Army or the Navy, includes
the master, officers, and crew of such vessel.
On the subject of Kemoval from Classified Civil Service, we cite an
act which has been referred to heretofore in the hearings, or in the
testimony. We call the attention of the committee to the last sentence
of an act approved August 24, 1912 (37 Stat. 555, U. S. C. 5, 652 (d) ),
whicli reads:
The right of persons employed in the civil service of the United States, either
individually or collectively to petition Congress, or any Member thereof, or to
furnish information to either House of Congress, or to any committee or
member thereof, shall not be deeuied or interfered with.
As I say, this has been cited before in the hearing, or in the testi-
mony, upon which our evidence is based. We include it at this point,
because we feel that this provision has little, if any, application to
these hearings, because the act as an entirety refers to removals of
persons from classified civil service for sufiicient cause, and after
due notice and written charges.
Furthermore, this act must be interpreted in the light of subsequent
pertinent resolutions and Executive orders, under the heading "U. S.
Code, Title 5, Section 22," which reads as follows :
The head of each department is authorized to prescribe regulations, not incon-
sistent with law, for the government of bis department, the conduct of its officers
and clerks, the distribution and performance of its business, and the custody, use,
and preservation of the records, papers, and property appertaining to it.
Senator Case. Mr. Chadwick, do you know the date of that statute?
Mr. Chadwick. I can get it in just a minute.
134 HEARINGS ON SENATE RESOLUTION 301
Senator Case. I note that the date of the section you earlier read
with reference to persons in the chxssified civil service was 1912, and
that the date of the sections you read from the Espionage Act were
various dates, principally June 25, 1948 ; but I think it would be helpful
to have the date of the section you just read, too.
Mr. Chadwick. We would be glad to have it now, sir, and inserted
before the matter reaches the committee. It will take me a few minutes
to get the date and if I may, I will proceed with the other matter and
supply it as soon as we are able to do so.
Is that satisfactory. Senator Case?
Senator Case. That is all right.
Mr. Chadwick. Subhead H, Department of Justice Order No. 3229,
counsel calls the attention of the committee to the Department of Jus-
tice order which was filed on May 2, 1946, 11 Federal Kegister 4920, 18
Federal Register 1369, which reads :
Pursuant to authority vested in me by Revised Statutes 161, United States
Code title V, section 22, it is hereby ordered that all oflficial files, documents, and
records and information in the offices of the Department of Justice, including the
several offices of the United States attorneys, Federal Bureau of Investigation,
United States marshal, and Federal penal and correctional institutions, or in the
custody or control of any officer or employee within the Department of Justice,
are to be regarded as confidential.
No officer or employee may permit the disclosure or use of same for any purpose
other than for the performance of his official duties except in the discretion of th»
Attorney General or Assistant Attorney General acting for liim.
This order was held valid by the United States Supreme Court in
United States ex rel. Touhy v. Regan (340, U. S. 462), in the year
1951.
But the subhead which is marked "I," we go at some length into the
Presidential directive of March 13, 1948, 13 Federal Register 1359,
under the title of Presidential directive, March 13, 1948, "Confidential
Status of Employee Loyalty Report," a memorandum to all offices and
employees of the Federal branch of the Government.
The directive contains these further orders :
This directive shall be published in the Federal Register and over the signature
of Harry S. Truman. The date, March 13, 1948.
The above order apparently was in effect in May or June of 1953
when Senator McCarthy received the 214-page document, according
to his statement in the Army-McCarthy hearing, and also at the time
of his public invitation during those hearings.
We call attention, under subtitle J, to Executive Order 10290. Title
3, the President. Executive Order 10290 prescribing regulations
and establishing minimum standards for the classification, transmis-
sion, and handling by departments and agencies of the executive
branch of official information which requires safeguarding in the
interest of the security of the United States.
I shall read the order in more detail :
Whereas it is necessary in order to protect the national security of the United
States, to establish for the safeguarding of official information, the unauthorized
disclosure of which would or could harm, tend to impair, or otherwise threaten
the security of the Nation ; and
Whereas it is desirable and proper tliat minimum standards for pi-ocedures
designed to protect the national security against such unauthorized disclosure
be uniformly applicable to all departments and agencies of the executive branch
of the Government and be known to and understood by those who deal with the
Federal Government ; and
HEARINGS ON SENATE RESOLUTION 301 135
Whereas the furnishing of information to the public about Government activ-
ities will be facilitated by clear identification and marking of those matters,
the safeguarding of which is required in the interest of national security;
Now, therefore, by virtue of the authority vested in me by the Constitution and
statutes, and as President of the United States, the regulations attached hereto,
entitled "Regulations Establishing Minimum Standards for the Classification,
Transmission, and Handling, by Departments and Agencies of the Executive
Branch, of Official Information Which Requires Safeguarding in the Interest of
the Security of the United States," are hereby prescribed for application
throughout the executive branch of the Government to the extent not inconsistent
with law.
Such regulations shall take effect 30 days after their publication in the
Federal Register.
All citizens of the United States who may have knowledge of or access to class-
ified security information are requested to observe the standards established
in such regulations with respect to such information and to join with the
Federal Government in a concerted and continuing effort to prevent disclosure
of such information to persons who are inimical to the interests of the United
States.
That is signed by Harry S. Truman, the White House, September
24, 1951.
Mr. Chairman, the instrument itself is law and will have to be read
by the committee with particularity, and it has no doubt been read
by Mr. Williams. I will refrain from rereading it in its entirety.
Under title K we referred to Executi\e Order 10450 of April 27,
1953, title III, the President— Executive Order 10450, Security Ke-
quiremeiits for Government Employment.
This order is signed by D wig] it D. Eisenhower and dated April 27,
195o. It is as follows :
Whereas the intei'cst of the national security requires that all persons priv-
ileged to be employed in their departments and agencies of the Government shall
be reliable, trustworthy, of good conduct and character, and of complete and
unswerving loyalty to the United States, and.
Whereas the American tradition that all persons should receive impartial and
equitalile treatment at the hands of the Government requires that all persons
seeking the privilege of employment or privileged to be employed in the depart-
ments and agencies of the Government be judged by mutually consistent and
no less than minimum standards and procedures among the departments and
agencies governing tlie employment and retention in employment of persons
in the Federal service.
Now, therefore, by virtue of the authority vested in me by the Constitution
and statutes of tlie United States, including section 17.53 of the Revised Statutes
of the United States (5 U. S. C. 631), the Civil Service Act of 18S3 (22 Stat. 403,
.5 U. S. C. 632, et seq.), section 9A of the act of April 2. Ilt3;» (.53 Stat. 1148, 5
U. S. C. 118j). and the act of August 20, 1J).50 (64 Stat. 476, 5 U. S. C. 2201 et
seq.), and as President of the United States, and deeming such action necessary
in the best interests of the national security, it is hereby ordered as follows :
Section 1 : In addition to the departments and agencies specified in the said
act of August 26, 1950, and Executive Order No. 10237 of April 26, 1951, the
provisions of that act shall apply to all other departments and agencies of the
Government.
Section 2. The head of each department and agency of the Government shall
be responsible for establishing and niaintain.ing within his department or agency
an effective program to insure that the employment and retention in employment
of any civilian officer or employee within the department or agency is clearly
consistent with the interests of the national security.
The reports and other investigative material and information developed by
invesfiiiations conducted pursuant to any statute, order, or program described
in .section 7 of this order shall remain the property of the investigative agencies
conducting the investigations, but may, subject to considerations of the national
security, be retained by the department or agency concerned. Such reports and
other investigative material and information shall be maintained in confidence,
and in no access shall be given thereto except, with the consent of the investiga-
tive agency concerned to other departments and agencies conducting security pro-
136 HEARINGS ON SENATE RESOLUTION 301
grams under the authority granted by or in accordance with the said act of
August 26, 1950, as may he required for the efficient conduct of Government
business.
Section 15 : This order shall become effective 30 days after the date hereof.
The publication date of the order is Federal Register Document
50-3794, filed April 27, 1953, under an hour of 4 : 04 p. m.
This directive was apparently effective in May and June of 1953
and during the Army-McCarthy hearings.
Under the subheading "L" of Executive Order 10501 of Novem-
ber 5, 1953, "safeguarding oflicial information in the interests of the
defense of the United States" the subject matter of the order is quite
lengthy.
I will content myself with reading only sections 18, 19, and 20
and over the signature of the President.
Section 18 is entitled, "Review Within Departments and Agencies."
It goes on to state :
The head of each department and agency shall designate a member or mem-
bers of his staff who shall conduct a continuing review of the implementation
of this order within the department or agency concerned to insure that no
information is withheld hereunder which the people of the United States have
a right to know, and to insure that classified defense information is properly
safeguarded in conformity herewith.
Section 19 : Revocation of Executive Order No. 102900.
Executive Order No. 10290 of September 24, 1951, is revoked as of the effec-
tive date of this order.
Section 20: Effective date. This order shall become effective on December
15, 1953.
This appears in Federal Register Docket 53-9553, filed November
9, 1953, under an hour of 9 : 55 a. m.
We refer to subheading "M" of the Constitution of the United
States of America, revised and annotated 1952, Senate Document 170,
82d Congress, 2d session, page 82 :
If Congress so provides, violation of valid administrative regulations may be
provided as crimes. But the penalty must be provided in the statute itself. * * *
Mr, Chairman, referring to part III or category III of our presenta-
tion under this notice on the subject of "Abuse of Colleagues," we
cite the United States Constitution, article I, section 6, clause 1 :
The Senators and Representatives * * * for any speech or debate in either
House shall not be questioned in any other place.
The constitutional clause is intended to protect the Members against
suit or prosecution, not for their own benefit, but to enable the Repre-
sentatives of the people to execute the functions of their office with-
out fear. It is an absolute privilege and immunity against all but
the House itself.
We cite Jefferson's Manual, section 3; Hind's Precedents of the
House, 1907, section 1244, page 797; the Journal of the 1st session
of the 39th Congress, May 14, 1866, page 695 ; Globe, page 2573 ; Hind's
Precedents of the House, page 795.
The United States Constitution by article I, section 5, clause 2,
provides :
Each House may determine the Rules of its Proceedings, punish its members
for disorderly behavior, and with the concurrence of two-thirds expel a member.
HEARINGS ON SENATE RESOLUTION 301 137
Now, from the Standing Rules of the Senate, we cite rule XIX,
section 2 :
No Senator in debate shall, directly or indirectly, by any form of words impute
to another Senator or to other Senators any conduct or motive unworthy or
unbecoming a Senator.
We refer to Jefferson's Manual, section XVII.
We refer to the Legislative Reorganization Act the powers of com-
mittee and government operations.
As to part 1, Standing Rules of the Senate, standing committees of
the Senate, section 102 is as follows :
Rule XXV of the Standing Rules of the Senate is amended to read as follows :
"Rule XXV
"standing committees
"(1) The following standing committtees shall be appointed at the com-
mencement of each Congress, with leave to report by bill or otherwise ; * * *
"(g) (1) Committee on Government Operations, to consist of 13 Senators, to
which committee shall be referred all proposed legislation, messages, j)etitions,
memorials, and other matters relating to the following subjects :
"(A) Budget and accounting measures, otlier than appropriations.
"(B) Reorganizations in the executive branch of the Government.
"(2) Such committee shall have the duty of—
"(A) Receiving and examining reports of the Comptroller General of the
United States and of submitting such recommendations to the Senate as it deems
necessary or desirable in connection with the subject matter of such reports ;
"(B) Studying the operation of Government activities at all levels with a view
to determine its economy and efficiency ;
"(C) Evaluating the effects of laws enacted to reorganize the legislative and
executive branches of the Government ;
"(D) Studying intergovernmental relationships between the United States
and the States and municipalities, and between the United States and interna-
tional organizations of which the United States is a member."
As to part IV, "Procedure Before Investigating Committees," the
first part of the discussion is with respect to the rights of witnesses
before congressional committees.
We refer to Senate Document 99, 8od Congress, 2d session, filed
1954.
Under the subheading of "Disgracing and Inconveniencing Ques-
tions," there is a discussion on the rights and duties of witnesses.
Then on page 16 the right to counsel, the privilege of a witness to
have advice of counsel depends u23on the committee, and the rule has
varied a good deal.
There are some citations at length on the subject.
On page 17, under the heading of cross-examination there is this
provision : Whether a witness or his counsel may cross-examine other
witnesses depends on the attitude of the committee.
It has been said that the custom is to permit little or no cross-exami-
nation, then there is a citation and a more extended discussion.
And on a subject of presenting written statements or calling wit-
nesses, a discussion.
And with respect to the pertinency of testimony, discussion and,
Mr. Williams, a citation of Sinclair v. U. S. ((1929) 279 United
States, 263) , with a quotation therefrom.
And on page 18 under No. 7, with respect to defamation by a con-
gressional witness, material and discussion and cases.
138 HEARINGS ON SENATE RESOLUTION 301
On paga 19, with respect to the undignified activity of a member,
discussion, citation of tlie case of TJ . S. v. Peehart et al. ((1952) 183
Fed. Supp. 417), and referring to a case Barsky v. U. S. ( (1943) 167
Fed. Second 241, 250).
Senator Case. Mr. Cliairman.
The Chairman. Senator Case.
Senator Case. Just judging by the headings of these several para-
graphs which counsel has placed into the record and without reading
the detailed subject matter, it occurs to me that at least the para-
graphs under the heading "Right of Witnesses Before Congressional
Conmiittees" and the i-ight of counsel and the right of cross-examina-
tion would well be worth reading in detail, and if time permits and
under the plan of the morning session, I would like to have them
read.
Mr. Chadwtck. I should be very glad to read them.
The Chairman. You may proceed.
Senator Case. Mr. Chairman, under the heading part IV, "Pro-
cedure Before Investigating Committees" and reading the paragraph
labeled "x\," "Rights of Witnesses Before Congressional Committees,"
I wonder if counsel might proceed with that?
Mr. Chadwick. To spare my voice, I request that associate counsel
read this.
The Chairman. Mr. de Furiu will proceed to read.
Mr. DE FuRiA. With the permission of the chairman, part IV,
"Procedure Before Investigating Committees," section A —
The Chairman. What are you reading from ?
Mr. DE Furia. This is a resum^ of the law, Mr. Chairman, made by
i\\^ staff for the committee.
The Chairman. Are you reading from the Reorganization Act,
or merely a statement commenting on it ?
Mr. DE Furia. It is a comment of the committee counsel, the choice of
the words being mostly our own, based upon an interpretation of the
authorities, cases, and statutes, as well as the precedents of the House
and the Senate, relating to this subject.
The Chairman. \ ou may proceed.
Mr. DE FiTRiA. Subsection A, "Rights of Witnesses Before Congres-
sional Committees" :
There are no statutes protecting a witness appearing before a congressional
committee from intimidation or coercion. In fact, tliere are very few absolute
safeguards for tbe protection of a witui'ss before a congressional committee.
His treatment generally is dependent upon the attitude of the chairman and
the members of the committee. An investigation conducted by a committee is
not a trial : therefore the rules of a court of law do not apply. Nor, generally
speaking, do the constitutional guaranties relative —
Senator Case. Mr. Chairman.
The Chairman. Senator Case.
Senator Case. Who is saying that? Is that the counsel's discus-
sion or is that some statement by some authority, or is that a statute ?
Mr. DE Furia. That is counsel's conclusion, Senator Case, based
upon the authorities cited. I did not read the authorities. I think
you have a copy of our law brief. I think there are about 10 authori-
ties. I will be ghid to read them into the record.
Senatoi- Case. The statements you have read are the conclusions of
counsel, based upon autliorities cited?
Mr. DE Furia. Yes, sir.
HEARINGS ON SENATE RESOLUTION 301 139
Senator Case. But tlie statements are not the statements of any
court or of an,y precise authority or constitutional precedents or con-
gressional precedent.
Mr. DE I^'uKiA. No, sir. Wherever we have a quotation from an
authority, sir, I shall indicate quotation marks.
The Chairman. May I inquire of Senator Case whether he still
wants that read, since it is not a citation of any court or congressional
adjudication of any kind.
Senator Case. 1 note below there are some quotation marks.
Whether they are direct quotes from something, I think it would be
just as well to have them read.
The CHAimiAN. Would counsel please read the quotation ?
Mr. DE FuRiA. Yes, sir.
The Chairman. There will be time for argument on presenting the
various views with respect to whatever the statute and rules of the
Senate are in due time. We ]:)ermitted the reading of the general
subject and these statutes and the general law governing this inquiry^
governing the matter of accusations that have been refererd to us by
the Senate.
Senator Case, how seriously do you want that pressed?
Senator Case. I think you might hnish this paragrapli under that
heading, and whether it is a quotation from a court decision or whether
it is counsel's opinion.
The Chairman. If it is counsel's o])inion, you do not want him to
read it, do you, or you may have whatever you want on that.
Senator Case. I think he could finish the paragraph in the time we
are discussing it.
The Chairman. All right, proceed.
Mr. DE FuRiA. Nor, generally speaking, do the constitutional guar-
anties relative to trials have any application except possibly those re-
lating to the privilege against self-incrimination — the fifth amend-
ment— and to the right to be secure against unreasonable searches and
seizures — the fourth amendment.
In conducting a hearing, the committee thus is not bound to follow
the rules of evidence or the precedents or principles of courts of law.
And there is a citation from various authorities, including Townsend
V. United States^ which is as follows :
* * * study of the practice in investigative proceedings and of the rules
pertaining thereto indicates that * * * they have been to a large extent un-
trammeled by legal rules and prescriptions,.
Continuing with the presentation of committee counsel : It is funda-
mental, of course, that the investigation nnist be in ]nn-suit of a legis-
lative purpose. But as investigation will be presumed to have such
a purpose and once that purpose is established, the inquiry may be as
broad, searching, and exhaustive as is necessary to make effective the
constitutional powers of Congress.
Again quoting from the Supreme Court decision of Toiunsend v.
United States:
Within the realm of legislati\e discretion, the exercise of good taste and
good judgment in the examination of witnesses must be entrusted to those
who have been vested with authority to conduct such investigations * * *.
52461 — 54 10
140 HEARINGS ON SENATE RESOLUTION 301
The witness cannot determine for himself whether the questions
proposed are germane to the matter of inquiry ;
orderly processes of legislative inquiry require tiiat the committee shall deter-
mine such questions for itself.
Senator Case, the chairman, has asked me to read the provision
from United States Code 2, section 193, reading as follows :
No witness is privileged to refuse to testify to any fact, or to produce any
paper, respecting which he shall be examined by either House of CongTess, or
by any .ioint committee established by a joint or concurrent resolution of the
two Houses of Congress, or any committee of either House, upon the ground
that his testimony to such fact or his production of such papers may tend to
disgrace him or otherwise render him infamous.
Mr. Chadwick. I had expected, Mr. Chairman, to pick up and com-
plete the two additional pages of the summary of which I was engaged
when we referred to some particular inquiry therein.
With your permission, and for the sake of certainty, I think I read
at page 19, with reference to the undignified activity of a Member,
without reading into detail.
On page 19, and 20, 12, quorum citations, including United States
Y. DiCarlo (1952, 102 Fed. Supp. 597), and United States v. Auippa
(1952, 102 Fed. Supp. 609) ; also United States v. Bryan (1950, 339
U. S. 323, 332-335).
At pages 21 and 22 is a study which supports certain propositions
which are cited by us in detail.
The final reference on the brief is to the rules of the Senate,
at article 1, sectioii 5, clause 2, of the Constitution, authorizing
the Houses to determine the rules of their proceedings, and legal
propositions citing United States v. Ballin (114 U. S. 1, 5, 1892,
p. 97).
That is the conclusion of the brief in its present form.
Mv. Williams. Mr. Cliairman.
The Chairman. Mr. Williams.
Mr. Williams. If Mr. Chadwick has concluded, I would like to
say, sir, that I have no objection to his legal brief going into the
record, provided it is labeled for wliat it is. It is a vigorously
partisan advocate's brief on the law. It is a prosecutor's brief,
and, as such, I think it should go into the record provided it is
labeled as such and provided it is identified as being the prosecutor's
side of this case.
I say that, sir, for this reason : In this brief Mr. Chadwick under-
takes to answer a couple of arguments which I was not permitted to
make on the first day. I don't think it is quite fair that this brief
should purport to be an impartial analysis of a law when it at the same
time undertakes to refute an argument which I probably had only
completed 5 percent of at the time I was interrupted on the first day.
I want to call attention also to this : That in this brief counsel says
on three occasions, where he said orally as he referred to it —
We have decided that the Gillette committee had jurisdiction contrary to
the iwsition advanced by counsel for Senator McCarthy.
The Chairman, I state, Mr. Williams, that is not the decision of
the committee. That is the decision of the counsel.
Mr, Williams. And we also
The Chairman. I would say also no committee member, as far as
I know, has read tliis brief.
HEARINGS ON SENATE RESOLUTION 301 141
Mr. Williams. Yes, sir. I appreciate that.
He also said, and I think this is very important :
We have decided it is not Important whether Senator McCarthy was suu-
penaed or not because the fact is he was not and did not demand a subpena.
Mr. Chadwick has arrived at this startling conclusion without hear-
ing our defense, and I think he is a little premature in making de-
cisions before we have been accorded the opportunity either to pre-
sent our side of the law or to present our side of the facts.
The Chairman. May I say this : That the statement by Mr. Chad-
wick and Mr. de Furia represents their own views and they are not
the views of the committee, and no decision has been made on these
points, except in a preliminary way we had to decide the matters
we were going to take testimony on and we made that decision. The
final decision has not been made on any of these matters and when
he says they decided, he is speaking for the committee counsel and
nobocly else.
Mr. WiLLLVMS. I would like to make just one more observation,
if I may, sir, with respect to this material which Mr. Chadwick has
presented for his side of this case.
The Chairman. There is not any side of it, as far as the committee
is concerned. We are still going to get all the evidence, all the law
we can on this matter that is pertinent and relevant. We want to
get all the facts, and we have offered to subpena anyone that you
wanted, or to follow any leads that you had, that you might suggest,
so we can have the investigators get that evidence and bring the
witnesses before this committee, so long as it is relevant and pertinent
to the hearings on these particular charges.
Now, that being the situation, I think what the gentlemen have clone
here is in keeping with the whole matter, to get the law.
Of course, when they read the law, read a statement into law and
they go over a matter, apparently they have it to make up their minds
whether it is one way or another; otherwise they could have said,
"It might be this way ; it might be the other," and it would be of very
little help in making up the minds of the committee.
Mr. Williams. I would hope, if Mr. Chadwick is serving as legal
counsel to the committee, he will not impose his legal mind on these
propositions before we are given an opportunity to be heard.
Mr. Chadwick. Mr. Williams, may I have a word ?
The Chairman. Just let him finish, Mr. Chadwick. I interrupted
him, and I want him to finish.
Mr. Williams. I want to say this ajso : Our position with respect to
the Gillette committee was misrepresented, and I am sure inadvertently
misrepresented. It seems to me in this brief here Mr. Chadwick has
built a strawman up and then shot him down. It is a strawman we
don't adopt. We have never said at any time, nor do we say now, nor
shall we say hereafter, that the Gillette committee did not have juris-
diction to look into the exclusion and expulsion and censure matters.
Wliat we did say, operating as it was under the Benton resolution,
was that it did not have the authority to go back behind 1947 because
the Benton resolution gave it authority only to go to 1947, as it was
originally drawn, as it was subsequently ratified by the Senate.
Secondly, there was a reference made to title XVIII, section 1905.
The brief which Mr. Chadwick has handed me a copy of does not
142 HEARINGS ON SENATE RESOLUTION 301
even piirpoit to quote all of that statute. It talks about whoever
being an officer of the Government divulges or discloses or makes
known information shall be subject to a penalty. Half the statute is
quoted and Mr. Chadwick said the remaining part of it simply related
to the people's sanction; but the fact of the matter is the remaining
part of the statute demonstrates clearly that Congress was talking
about trade secrets, processes, operations, and apparatuses, insofar
as the information related thereto is concerned,
Tlien, also, the statenieut was made tliat title V, section 652, which
guarantees the right to every member of the executive department to
bring information to Members of Congress and provides specifically
that right sliall not be interfered with, was read in this brief, and Mr.
Chadwick made the remark, as he read it, that, of course, that would
be superseded by regulations and resolutions of the Senate, specifically
mentioning the resolutions on secrecy or tlie Executive orders on
secrecy by the Pies i dent.
I want to call the attention of the committee to the fact, lest any
inference be drawn from what Mr. Chadwick said to the contrary,
that Congress reenacted title V, section 652, in 1948, 4 months after we
had the first Truman secrecy order. In other words. Congress, at the
time that it passed the statute, had the Truman order before it. Execu-
tive order on secrecy, and in the face of that it reenacted this statute to
guarantee to members in the executive their right to petition Congress,
and to give them such information as they have.
Now, I think those things, in the interest of fairness — I know I am
premature in getting into the defense, but I can't let these matters go
unchallenged when they are given in the guise of an impartial analysis
of the law.
I say I have no objection to this going in if it is labeled as a legal
view of this case, Mr. Chadwick's legal view of this case, but certainly
I do object to its going in as to the findings on the law of impartial
counsel.
]\Ir. Chadwick. ]Mr. Williams, I am glad to have an opportunity now
to reply to several aspects of your statement.
First, I want to say, sir, in all respect, that the brief as produced
was an honest effort to produce an impartial review of the law as we
find it, without application to the matters before the committee.
Your criticisms, sir, are those which counsel very naturally feels
about briefs that anyone prepares. We always feel we could make up
a better one or we regret that we haven't ])repared a better one. How-
ever, the paper was prepared by us tinder the strict instruction of this
committee that our approach to the problem, and a fair approach,
should be nonpartisan, and I think it will be found there are sections
there wdiich a lay reader might believe had direct a])])lication to the
support of other views than those which we advanced.
Now, I have another question : You point to the fact we cited three
cases which you had quoted to us. Naturally, we take account of all
cases that come to our attention. Whether we had all three of those
cases, or not, before you mentioned them, I cannot now assert.
I tlo assert, however, if they had any ai)plication when you men-
tioned them at the bar of this committee, they have an a]i]^lication also-
to our brief.
HEARINGS ON SENATE RESOLUTION 301 143
And, Mr. Williams, is it not the fact that j^ou promised me a week
ago tliat you would let me have your brief, the brief in support of your
position to which you refer ?
It is my recollection you called me afterward and said you would
be a few days late, and I said, of course, your time was my time on the
question of the delivery of your brief.
Am I correct in stating now I have not yet seen your brief ?
Mr. Williams. You are correct to this extent, Mr. Chadwick : You
are correct insofar as what you have said, but you haven't stated the
whole fact. The whole fact is that I went before this full committee,
which was in executive session, I believe, on Thursday evening, and I
told the committee that I had made a commitment to furnish it with
certain legal principles in the form of a brief and the commitment
was they were to have it on Thursday. I said to the members of the
committee, and you were present, that I could comply with t?iat com-
mitment if I kept the girls in the office at the mimeographing machines
late that evening. It was the Unanimous feeling of the committee that
I should not do that and if I presented my position today in written
form that I would fully comport with the desires of the committee.
That is the fact, Mr. Chadwick, and I propose to submit my brief
here today, but what I objected to, sir, was that you undertook to
answer me on an oral argument that I had started to make, but was not
permitted to finish, was not permitted to get into, which I do not think
complies with the basic dictates of fair play.
Mr. Chadwick. Mr. Williams, that is a matter which I and the
committee should take into cognizance. I have always tried to be
fair, and I am generally successful. I didn't mean to dispute there
was any question with respect to delay in the preparation of your
brief. I merely pointed out we could not postpone the preparation
of our brief until your very efficient and, I am sure, hard-worked staff
had a chance to prepare yours.
Senator Ervix. Mr. Chairman.
The Chairman. Senator Ervin.
Senator Ervin. Mr. Chairman, I would like to make just this obser-
vation : I think there is a good deal to what Mr. Williams says with
reference to the designation of the brief. Wlien this matter goes back
to the Senate, it will necessarily go on the record made before this
committee and I think it would be helpful to the Senate to have the
legal views of Mr. Chadwick and also the legal views of Mr. Williams
and, consequently, I think it would be a good thing if we incorporated
the legal briefs on both sides in the record for the use of the Senate
as well as for the use of the committee, with a designation to the effect
that they do represent legal views.
I would like to make one additional observation, and that is : When
the chairman ruled he would take the evidence rather than hear the
whole oral argument of Mr. Williams on the legal question, I thought
that ruling was correct because I have spent most of my life in the
law and I have found out that, as a lawyer or as a judge, I never
could interpret the law without the facts ; that, therefore, you have to
have the facts, know what the facts are, before you can determine
what the law is and what the application of the law is. For that
reason I think the ruling of the chairman to the effect that we would
hear the evidence before passing on the point of law raised by Mr.
144 HEARINGS ON SENATE RESOLUTION 301
Williams was correct because, as I say, and as Senator Stennis ex-
pressed the idea, out of the facts the law arises.
I would think it would be well for the Senate and the committee to
have the benefit of briefs on both sides, that they should be inserted
in the record and designated as legal views so that the Senate might
not arrive at the conclusion that they are anything except the legal
views presented.
The Chairman. Are there any further comments ?
At this point I think I should make this statement : That, because
of the holiday period and the vacation period, the number of people
whom we wanted to interview before we proceeded with this hearing,
we were not able to interview them or were not even able to find their
whereabouts. So, it is necessary now to postpone the public hearing
for a time.
The fact is we also have a number of very pressing matters that the
committee must take consideration of in executive session. So, there
won't be any time lost, actually.
Senator Stennis. Mr. Chairman?
The Chairman. Senator Stennis.
Senator Stennis. Mr. Chairman, may I say just one word about the
briefs ?
It just occurs to me the committee has the benefit of two briefs on
this matter, on the law. Neither one of them is a committee brief.
I have never seen either one of them and I am anxious to see both of
them. They will be helpful, I am sure, and then we will all perhaps
read some cases pointed out in those briefs.
The Chairman. Is it not possible. Senator, we may not agree with
either one of them ?
Senator Stennis. Yes. That is the inference. Certainly the com-
mittee has no brief and we have seen no brief, and we are anxious to
get to these major cases that may be reflected in each brief.
The Chairman. I will continue with my statement.
We will recess this hearing until 2 : 30 this afternoon.
The committee will meet in executive session immediately following
this continuance.
(Whereupon, at 11 : 35 a. m., the hearing was recessed to reconvene
at 2 : 30 p. m,, same day.)
AFTERNOON SESSION
(Thereupon, at 2: 30 p. m., the committee reconvened.)
The Chairman. The committee will be in session.
Counsel will call the witness, if it has one.
Mr. DE FuEiA. JNIr. Chairman, we have here under subpena, Mr.
Walter Winchell, and I desire that he be called and sworn.
The Chairman. Mr. Winchell, will you please come forward. Raise
your right hand and be sworn.
Do you solemnly swear that the testimony you will give in the mat-
ter now pending before the committee will be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. Winchell. Yes ; I do.
HEARINGS ON SENATE RESOLUTION 301 145
TESTIMONY OF WALTER WINCHELL
Mr. DE FuRiA. With the permission of the chairman, Mr. Winchell,
what is your full name, sir ?
Mr. Winchell. Walter Winchell.
Mr. DE FuMA. And your address?
Mr. Winchell. 50 West 59th Street, New York City.
Mr. DE FuRiA. What is your business or profession, Mr. Winchell ?
Mr. Winchell. Newspaper.
Mr. DE FuKiA. How long have you been in the newspaper business?
Mr. Winchell. Thirty-two years.
Mr. DE FuEiA. Were you one of the reporters, Mr. Winchell, who
covered the Army-McCarthy hearings here last May?
Mr. Winchell. Yes, sir.
Mr. DE FuRiA. Did you write a column during the course of those
hearings with reference to a copy of a 21/4-page letter or document ?
Mr. Winchell. Yes ; I did.
Mr. DE FuRiA. In a column which you wrote, and which was pub-
lished, I believe, first on May 6, and later on May 9, 1954, did you say
that you had in your possession a copy of the 214-page document or
letter addressed to General Boiling ?
Mr. Winchell. Yes ; I did.
The Chairman. Mr. de Furia, I think probably you had better
identify that a little closer with any so-called security matter.
Mr. DE Furia. Yes, sir.
So that there may be no misunderstanding, Mr. Winchell, between
you and me, we are referring to a copy of a letter or document which
was produced by Senator McCarthy in the course of the hearings de-
scribed as classified information, with the words "Personal and Confi-
dential via liaison" from the FBI to General Boiling, with reference
to espionage matters at Fort Monmouth.
Are we in accord about what we are talking about ?
Mr. Winchell. Yes.
Mr. DE Furia. And you did say in a newspaper column written by
you that you had a copy of that *2i^-page letter or document in your
possession ?
Mr. Winchell. Yes.
Mr. DE Furia. When did you first obtain possession of that copy,
Mr. Winchell?
JNIr. Winchell. If you are asking the date, counsel, I am not sure,
the exact date. But it was during one of the hearings here in this
room.
Mr. DE Furia. Do you recall the first day that you wrote an article
or column, or made a radio talk referring to the fact that you had
posession of a copy ?
Mr. Winchell. Do I recall the date ?
Mr. DE Furia. Yes.
Mr. Winchell. No, sir ; I do not.
Mr. DE Furia. Can we agree that it was about May 6 ?
Mr. Winchell. Around that time ; I believe that would be correct.
Mr. DE Furia. Of this year?
Mr. Winchell. Yes.
146 HEARINGS ON SENATE RESOLUTION 301
Mr. DE FuKiA. What time of the daj^ did you receive your copy of
the 214-page document ?
Mr. WiNCHELL. I am not sure whether it was morning or afternoon,
but it was during one of the short recesses.
Mr. DE FuRiA. Did you receive it here in this Senate caucus room ?
Mr. WiNCHELL. Outside the Senate caucus room.
Mr. Williams. Mr. de Furia, I think if we are going to talk about
a 21/4-page document, we ought to have that document carefully iden-
tified so that we can see precisely what j'ou are referring to in your
interrogation of Mr. Winchell, so that Mr. Winchell will know exactly
what you are talking about Miien you allude, as you have 3 or 4 times
in your questioning, to a 2i/4-page document. What 214-page docu-
ment? Let's see it.
Mr. DE Furia. Unfortunately, Mr. Chairman, for reasons which
will become evident as I proceed with my examination, we cannot see
it, sir, and I suggest that I be permitted to continue the examination.
Mr. Williams. Unless we are talking about a 214-page document
which is subject matter germane to this inquiry, all of this questioning
is irrelevant. So I think it should be established what we are talking
about. I think that my position is very sound and I ask the Chair
to rule.
Mr. DE Furia. Perhaps, Mr. Chairman, Mr. Williams was not lis-
tening to me but I asked Mr. Winchell specifically whether we were
talking about the same thing and described the letter or document to
him, and I don't think there is any misconception between Mr.
Winchell and me. I don't think so. Is that correct, Mr. Winchell?
The Chairman. Mr. de Furia, I think probably you could identify
it a little further by asking Mr. Winchell whether or not he was in
the room when they were ciiscussing a certain classified document or
classified information during the course of the hearings and if that
is that particular one that he had reference to. I am certain that is
the one w» are inquiring about. That is the one that seems to be in
issue here under one of these categories.
Mr. DE Furia. Yes, sir.
Mr. Winchell, were you present during the Army-McCarthy hear-
ings when Senator McCarthy presented, or had in his possession, and
made an examination with reference to, a paper that I think he called
a letter, a 214 -page letter that was marked "Personal and Confidential"
from the FBI to General Boiling?
Mr. Winchell. Yes.
The Chairman. Does that satisfy your objection?
Mr. Williams. Obviously, unless Mr. Winchell saw the document
that was referred to during the Mundt hearings, Mr. Winchell does
not know whether the copy that he is talking about is a copy of that
document. I think Mr. de Furia must first ask Mr. Winchell if he saw
the document that Senator McCarthy referred to and that was handed
to Mr. Jenkins during that hearing. Otherwise, Mr. Winchell obvi-
ously cannot testify to whether or not what he had was a copy of it
or whether it even purported to be *a copy of it.
The Chairman. Well, it seems to me that we cannot be too technical
about this matter.
Mr. Williams. I do not want to be technical, Mr. Chairman. I just
want it to be established before this interrogation continues that Mr.
Winchell is talking about the same thing that Mr. de Furia is and I
HEARINGS ON SENATE RESOLUTION 301 147
don't see how we can establish that unless Mr. Winchell saw the docu-
ment that Senator McCarthy had in his hands that was passed to Mr.
Jenkins and it was passed back to Senator McCarthy. If he saw it, I
will withdraw my objections and we can go forward because then he
would be qualified to state whether or not the document which he had
was a copy of it ; but I don't see how in the world this witness can say
that he had a copy of a document that he never saw.
So I think it is most important that we establish whether he saw it
or not.
The Chairman. I think the nature of the — the very nature of the
document itself limits the identification. When it was before the
Mundt committee, as I recall it, very few of the committee apparently
saw it.
They didn't read it, at least, and even the Army counsel would not
read it, nor the Secretary of the Army would not read it, and I think it
was identified sufficiently so that we know what he was talking about.
It may not be of any weight. The fact of the matter is, I think
probably it will help you rather than hurt you.
Mr. Williams. We are out for all the facts, too, Mr. Chairman.
The Chairman. I am going to rule that he may proceed and go on
with the testimony.
Mr. DE FuRiA. In what part of this building, Mr. Winchell, did you
receive that letter?
Mr. Winchell. Directly outside.
Mr. DE FuRiA. Outside of the Senate caucus room ?
Mr. Winchell. Yes, sir.
Mr. DE FuRiA. Was that during intermission or brief period during
one of the hearings ?
Mr. Winchell. I think it was one of those brief recesses. It could
have been such, and perhaps was.
Mr. DE FuRiA. Who handed you the 2%-page letter which you said
was your copy ?
Mr. Winchell. I refuse to tell that.
Mr. DE FuRiA. On what ground do you refuse to tell it ?
Mr. Winchell. I will not reveal the source of information.
Mr. DE FuRiA. I am asking you, sir, on what grounds you refuse to
answer that question.
Mr. Winchell. On the grounds I just gave you, sir.
Mr. DE FuRiA. Unless I am mistaken, Mr. Winchell, you have not
given me any grounds. You said you refused to answer the question.
Now, I am asking you, on what grounds do you refuse to answer ?
Mr. Winchell. I would not reveal my source of information on any
news.
Mr. DE FuRiA. You had a meeting about an hour ago with Senator
Watkins, Judge Chaclwick, and myself ; did you not, Mr. Winchell ?
Mr. Winchell. That is right.
Mr. DE FuRiA. You made certain statements to us at tliat meeting;
did you not?
Mr. Winchell. I did.
Mr. DE FuRiA. Are you shifting your position in any way from what
you told us then, to what you are telling us now ?
Mr. Winchell. No. I know that I will say what I said to you down-
stairs, at the finish, tliat I would not reveal my source of information,
even if I knew it.
148 HEARINGS ON SENATE RESOLUTION 301
Tlie Chairman. Well, are you not just laboring the point a little, or
do you actually know wlio delivered it to you?
Mr. WiNCHELL. I beg pardon ?
The Chairman. Do you know wdio delivered it to you ?
Mr. WiNCHELL. I do not know. I am not sure.
The Chairman. Had you said that before, it would have saved a
lot of difficulty.
Mr. WiNCHELL. I thought I would expedite things, sir, and get to
the point.
The Chairman. Well, that was the way to get to the point, if you
did not know it, if you do not know the person who gave it to you ; and
that is what I understood you to tell us at the interview.
Mr. WiNCHELL. That is right.
The Chairman. All right; proceed.
Mr. DE FuRiA. Was your answer correct, that you are not certain
who gave you the copy ? Is that what you said, sir ?
Mr. WiNCHELL. That is correct.
Mr. DE FtJRiA. Do you have any knowledge about who gave you the
copy ?
Mr. WiNCHELL. No, as I indicated to you and Senator Watkins
downstairs.
Mr. DE FuRiA. I prefer that you answer, up here, if you will.
Mr. WiNCHELL. Well, as I explained to you gentlemen, I have re-
ceived considerable assistance from various people in this room, par-
ticularly newspaper people, some of them men I have not met before.
"Wlien they heard that I was covering the caucus room for any high-
lights and sidelights, not the usual curiosity, several of these men
offered their memos to me. They did that outside, during the recess.
Mr. DE FuRiA. So I am fair to you, sir; are you now withdrawing
your refusal to answer tlie question that I propounded to you?
Mr. WiNCHELL. If I knew, counsel, I would not tell you. That is
what I said to Senator Watkins before; and I thought I would get
right to the statement.
The Chairman. Well, of course, I say the statement is unnecessary,
because you told us you do not know; and you now say you do not
know who gave it to you.
Mr. WiNCHELL. I am not sure.
The Chairman. Did you have any idea who it was ?
Mr. WiNCHELL. I said, in your office, about an hour ago
The Chairman. You are answering, now. Forget
Mr. WiNCHELL. I am not sure. Senator. There are so many people
offering material to me ; and I believe I told you all that I was engaged
in a conversation, or listening to other people talk, directly outside this
room, and accepting offers from various people in the form of memos
— they were planning to write the business — to let them place in my
hand, sometimes just with the acknowledgement "thank you very
much," lacking time to continue with the conversation I put them into
my pocket before readhig them.
The Chairman. As I understand, you say now you cannot — you do
not know the person who gave it to you ?
Mr. WiNCHELL. Not that particular piece of paper.
The Chairman. Can you describe in more detail just how it was
handed to you — first, where, and then how ?
Mr. WiNCHELL. Outside — I beg your pardon, sir?
HEARINGS ON SENATE RESOLUTION 301 149
The ChatrmajSt. Yes.
Mr. AYiNCHELL. Outside this room, right near the door, to the right
of the door — my right — I remember talking to 2 or 3 men. They were
reporters. Various people passing by handed me little memos, not
necessarily news. Some of them were messages of a personal nature ;
and I do recall getting what I believe to be this 214-page document
somewhere. It Avas folded.
The Chairmax. Somebody handed it to you while you were there ?
Mr. WiNCHELL. Somebody did, sir.
The Chairman. Did you get a full view of the person who handed
it to you ?
Mr. WiNCHELL. No, I did not.
The Chairman. And, as of now, you do not know who actually gave
it to you ?
Mr. WiNCHELL. Yes, sir.
The Chairman. You do ?
Mr. WiNCHELL. I do not know.
The Chairman. Well, you said "Yes." I thought you meant — just
so I understand you, Mr. Winchell.
Mr. WiNCHELL. Yes, sir.
The Chairman. I want to be sure whether I have given you a repe-
tition of the actual language I was developing, and I did not consider
that that question had been raised ; because I thought you misunder-
stood. I thought you always had said to us you did not know who
gave it to you ; and therefore, of course, you could not say.
Mr. WiNCPiELL. I could not swear that I did know.
The Chairman. Well, that is what you are telling us, today. You
are testifying to that.
Mr. WiNCHELL. That is right.
The Chairman. You may proceed, Mr. de Furia.
INIr. DE Furia. Mr. Winchell, do I understand you to state now,
under oath, you do not know who gave you your copy of that 214-
page letter?
Mr. Winchell. Yes, sir.
Mr. de Furia. Was he in uniform or in civies ?
Mr. Winchell. I believe he was in civilian clothes.
Mr. DE Furia. A man or a woman ?
Mr. Winchell. Male.
Mr. DE Furia. Wliite or colored ?
Mr. Winchell. White.
Mr. DE Furia. About how old, Mr. Winchell ?
Mr. Winchell. I really don't know.
Mr. DE Furia. Was he a member of Senator McCarthy's staff?
Mr. Winchell. I don't think so.
Mr. DE Furia. Are you sure about it?
Mr. Winchell. I'm not sure.
Mr. DE Furia. Did you know all the members of Senator McCarthy's
staff?
Mr. Winchell. Many of them.
Mr. DE Furia. You knew Mr. Carr ?
Mr. Winchell. Yes.
Mr. DE Furia. Mr. Juliana ?
Mr. Winchell. Yes.
Mr. DE Furia. And Mr. Surine ?
150 HEARINGS ON SENATE RESOLUTION 301
Mr, WiNCHELL. Yes.
Mr. DE FuRiA. Was it any of those?
Mr. WiNCHELL. No.
Mr. DE FuRiA. Of course, it was not Senator McCarthy who handed
it to you ?
Mr. WiNCHELL. No.
Mr, DE FuRiA. Now, were you seated or standing when it was
handed to you ?
Mr, WiNCHELL. Standing.
Mr. DE FuRiA. To whom were you talking ?
Mr. WiNCHELL. I beheve reporters.
Mr. DE FuRiA. Do you know some of the reporters? Can you
identify them, Mr. Winchell ?
Mr. WiNCHELL. I know nearly all of them in this room, or in the
room at the time, but I'm not sure who these reporters were. It
might have been Mr, Spivak of International News, It might have
been Jerry Greene or Jim Patterson of the New York Daily News —
several of them — Mr, Kempton of the New York Post.
Mr. DE FuRiA. How soon
Mr. WiNCHELL, I'm not sure any of these names I mentioned were
the ones I was talking to at the time,
Mr. DE FuRiA. How soon after you received that paper, Mr. Win-
chell, did you examine it?
Mr. WiNCHELL. Shortly after, when I sat back at the press table.
Mr, DE FuRiA. Now, I take it, sir, you heard the description of the
214-page letter as it developed during the Army-McCarthy hearings?
Mr. WiNCHELL. Yes.
Mr. DE FuRiA. That committee went into a long description of it,
comparisons. Now, did the copy that you had in your possession — did
it, or didn't it compare with the S^/^-page document as it was described
in those hearings ?
Mr. WiNCHELL. I believe the letter that I had was the same.
The Chairman. That was not quite an answer to the question. Did
it compare ?
Mr, WiNCHELL. Oh, I do not know, Senator.
The Chairman. Well, from what you heard
Mr. Winchell. I didn't see the letter.
The Chairman. I realize that, but he had already told you, de-
scribed in some detail, the remarks on it, personal and confidential,
and all that sort of thing.
Mr. WiNCHELL. Right.
The Chairman. Did this compare?
Mr. WiNCHELL. I believe it was the same letter.
The Chairman. But still you do not answer the question. Were the
same, substantial markings on this letter and the date on this letter
you heard mentioned
Mr. WiNCHELL. It was signed, I believe, by John — J. E. Hoover —
containing a list of names of enemy suspects.
Mr, DE FuRiA. Mr, Winchell, in your column didn't you state this :
The letter to General Boiling, about Reds and pro-Commies at New Jersey
Government radar places, which is being argued about, is in this columnist's pos-
session, too.
Mr, WiNCHELL. I replied I believe it is the same.
Mr. DE FuRiA. Well, is there any doubt about it, sir ?
HEARINGS ON SENATE RESOLUTION 301 151
Mr. WiNCHELL. I have no doubt.
Mr. DE Fdria. Then your testimony is that the copy you had, so far
as you know, was the same ; is that correct, sir?
Mr. WiNCHELL. Oh, I really believe it was a copy of the evidence
offered here.
Mr. DE FuRiA. You knew it was a classified document, did you not?
Mr. WiNCHELL. Yes.
Mr. HE FuRiA. And did you retain that document in your possession ?
Mr. WiNCHELL. Yes.
Mr. DE FuRiA. How long ?
Mr. WiNCHELL. About a week and a half.
Mr. DE FuRiA. Did you show it to anyone, Mr. Winchell?
Mr. WiNCHELL. No one.
Mr. DE FuRiA. No one at all ?
Mr. WiNCHELL. Nobody saw the text.
Mr. DE FuRiA. Did you show any part to anyone?
Mr. WiNCHELL. When I took it out of my pocket, with other papers,
to look at what I had collected during that recess, I believe I said
to the men sitting near me at the press table, about here, "Gee, look
what I have."
Mr. DE FuRL\. Wliat did you do with your copy of the 2i/4-page
letter?
Mr. WiNCHELL, I contacted John E. Hoover at once about it, or as
soon as I could get to a telephone.
Mr. DE FuRiA. Mr. Chairman, Mr, Winchell has told us about some
conversations he had with Mr. Hoover, but as I understand the rules
of evidence, I am not permitted to develop that conversation.
The Chairman. I will say this: Since the question has arisen as to
whether or not it was a copy — as I recall the testimony that has been
introduced heretofore — it has been that the exhibit was bsfore the
Army-McCarthy hearings, was taken to Mr. Hoover and he saw
that. I think maybe we can pursue this a little further with Mr.
Winchell on the question of whether he did consult Mr. Hoover about
this letter, purely on that basis, not for any other purpose, to see
whether or not it is the same letter.
Mr, Williams. 1 think if Mr, Winchell is going to say what Mr.
Hoover said, of course, his testimony would be objectionable. We
tliink Mr. Hoover should be called, under the rules of this committee.
Tlie Chairman, Well, Mr, Hoover's testimony probably would not
be direct evidence for any other purpose than to identify what Mr.
Winchell sliowed him.
Mr. Williams, I don't think INIr, Winchell is competent to tell this
committee what Mr, Hoover has said about this letter. I think only
Mr, Hoover is competent under the rules laid down by the com-
mittee that hearsay evidence would be rejected.
The Chairman, As I remember, in the other hearing, and it is also
in this record, Mr, Hoover did not appear there. He was allowed
to identify the letter and a messenger was sent out.
Mr. Williams, That committee, sir, did not purport to be operating
under the rules of evidence, though.
The Chairman, I realize that. Of course, if you do not Avant this
in the record — I say I think it is favorable to you, and we felt duty
bound to present it.
152 HEARINGS ON SENATE RESOLUTION 301
The charge has been made that Senator McCarthy had permitted
this document to fall into the hands of an unauthorized person, to
wit, a gossip columnist, and we wanted to get all the evidence on
this point, and, while I recognize it is remote, if you want to object^
I suppose you can, and I am going to rule on it. It is up to you.
Mr. Williams. Well, I haven't heard a pending question. I don't
know what Mr. de Furia is seeking now.
Mr. DE Furia. May I have a moment, sir?
The Chairman. On the objection to the questioning by counsel, as-
far as Senator McCarthy is concerned, we will withhold any further
questioning on this line.
You may proceed, Mr. de Furia, on another phase of it.
Mr. DE Furia. Mr. Winchell, what did you do with the two-and-a-
quarter page copy which you had ?
Mr. Winchell. I destroyed it.
Mr. DE Furia. When did you destroy it, sir ?
Mr. Winchell. About 8 to 10 days after I had possession of it.
Mr. DE Furia. Where did you destroy it ?
Mr. Winchell. In a hotel.
Mr. DE Furia. Where?
Mr. Winchell. In the bath room of the Shoreham Hotel.
Mr. DE Furia. Which hotel?
Mr. Winchell. Shoreham.
Mr. DE Furia. Here in Washington, sir ?
Mr. Winchell. Yes, sir.
Mr. DE Furia. And how did you destroy it ?
Mr. Winchell. I burned it ; flushed it.
The Chairman. How was that?
Mr. Winchell. I burned it and flushed it.
The Chairman. You said you burned it, or flushed it ? Wliich did
you do ?
Mr. Winchell. And — I burned it and flushed it. Senator.
The Chairman. That makes quite a difference.
Mr. Winchell. Yes, it does.
Mr. DE Furia. Did you have any conversation with Senator Mc-
Carthy at any time with reference to that two-and-a-quarter page
letter after you received your copy of it ?
Mr. Winchell. I don't recall having any conversation with the
Senator about it.
Mr. DE Furia. Does that mean you may or may not have had?
Mr. Winchell. I'm pretty sure I didn't.
Mr. DE Furia. You did not ?
Mr. Winchell. I'm pretty sure I didn't.
Mr. DE Furia. All right.
Were any copies made of that two-and-a-quarter-page letter from
your copy?
Mr. Winchell. Not from my copy ; no, sir.
Mr. DE Furia. Are you sure of that?
Mr. Winchell. I'm positive. Nobody saw it but me.
Mr. DE Furia. And it was in your exclusive possession ?
Mr. Winchell. In my possession. I didn't even show it to Mr.
Hoover. I just told him I had it.
Mr. DE Furia. Are you sure about that, that you didn^t show it to
Mr. Hoover ?
HEARINGS ON SENATE RESOLUTION 301 153
Mr. WiNCHELL, I think I took it out of my pocket and said, "I have
that letter, John."
Mr. DE FuRiA. Then you may have shown it to him ?
Mr. WiNCHELL. Well, that way, without showing, revealing the text.
Mr. DE FuRLv. Now, I ask you again : Are you sure that you didn't
show it to Mr. Hoover ?
Mr. WiNCHELL. I'm pretty sure I did not show it to Mr. Hoover.
Mr. DE FuEiA. All right, but to be fair with you, 3 ou may have and
don't remember ; is that right ?
Mr. WiNCHELL. I don't recall doing that, counselor.
Mr. DE FuRiA. All right.
The Chairman. Let me ask you this question : Didn't you go to Mr.
Hoover to see whether or not it was proper for you to use it ?
Mr. WiNCHELL. Yes, sir.
The Chairman. And he told you it wasn't proper to use it ?
Mr. AViNCHELL. I said, "John, I have a copy"
The Chairman. No.
Mr. WiNCHELL. "Of that letter."
The Chairman. I am only asking that one question. You v/ent
there for the purpose of finding out whether you could use it or not,
whether it was classified or not ; isn't that the fact?
Mr. WiNCHELL. I guess you are right about that.
The Chairman. And after you talked with him, you didn't use it?
Mr. WiNCHELL, Yes, sir; I did not use it.
The Chairman. How could he determine whether it was a copy or
not and classified confidential unless you had shown it to him?
Mr. WiNCHELL. I beg your pardon.
The Chairman. I sa}-, How could he determine and see that it was
classified without seeing it, without you showing it to him?
Mr. WiNCHELL. May I, Senator, tell you what the conversation
was?
The Chairman. No; we can't. Counsel objected. I think it was
in their favor, but they objected. So I am not going to let you tell
that conversation.
Mr. WiNCHELL. They published the conversation. That is a matter
of public record.
Mr. Williams. I don't have any objection to this, if you want to
pursue it.
The Chairman. All right. You tell us what Mr. Hoover told you.
Mr. WiNCHELL. I said, "John, I hav.e a copy of that letter."
I assumed he knew what I was talking about, because it had been
on the television and radio, in the papers, all afternoon. His name
had been bandied about considerabl}^, and that letter.
The Chairman. You made it known that you had it ?
Mr. WiNCHELL. I said, "I have a copy of that letter, John. I want
to ask you something."
I said, "Would you arrest me if I published it?"
He said, "Yes."
I said, "You're kidding, John."
He said, "No ; I am not."
That was the end of the conversation.
The Chairman. Well, now, as a matter of fact, you did not let him
see the letter to be sure that it was the same one, did you ?
154 HEARINGS ON SENATE RESOLUTION 301
Mr. WiNCMELL. I could not swear that I showed him the letter. I
wish I could tell you I had. I cannot recall doing that. I am trying
to recapture the scene at the table in the restaurant.
The CiTAiRMAisr. Do you think Mr. Hoover would take it for granted
that you had a copy of that letter without looking at it?
Mr. WiNCHELL. Would he take it for granted ?
The Chairman. Without looking at it.
Mr. WiNCHELL. I do not know whether he believed that I had it
or not. He answered mv question because I asked him if he would
arrest me, and he said, "Yes."
The Chairman. That was based on the fact that it was a classified
document and you had a copy of a classified document, is that right?
Mr. WiNCHELL. That is right.
The Chairman. That is all I have.
Senator Ervin. Mr. Chairman.
The Chairman. Senator Ervin.
Senator Ervin. I want to be certain I understood the testimony
with reference to the receipt of this document.
Do you swear that you are certain that you do not know who handed
you this document?
Mr. WiNCHELL. That is right, sir.
Senator Ervin. That is all I have, Mr. Chairman.
The Chairman. Mr. de Furia.
Mr. DE Furia. Mr. Winchell, Senator McCarthy had a copy of the
two-and-one-quarter page letter, as I understand it, and you had
one also. Is tliat right? Do you know of any other copies in exist-
ence, of your own knowledge ?
The Chairman. Out of your own knowledge, now, remember.
Mr. WiNCHELL. I do not remember.
Mr. DE Furia. Did you see any others while you were here, or
since that time ?
Mr. WiNCHELL. No.
Mr. DE Furia. Of your own knowledge, you do not know that any
other than the two letters were in existence? Is that correct, sir?
Mr. WiNCHELL. That is correct. I had heard that there were 35
distributed to the other newspaper people.
Mr. DE Furia. That is what we lawyers call hearsay so far as you
are concerned.
Mr. WiNCHELL. I told you that before, and I offer it again for
background.
The Chairman. Do any other members of the committee wish to
ask any questions ?
Mr. Williams, you may proceed.
Mr. Williams. Mr. Winchell, just so that we can understand
your testimony, as I understand you, you were dowm here covering
the so-called Army-McCarthy hearings in May of 1954.
Mr. WiNCHELL. Yes, I was.
Mr. Williams. And on May 4, 1954, while you were seated out
here covering the hearings, there was reference made by Senator
McCarthy to a letter which purj^ortedly bore the typed name of
J. Edgar Hoover as tlie sender ; is that right ?
Mr. WiNCHELL. Yes, sir.
HEARINGS ON SENATE RESOLUTION 301 155
Mr. Williams. And that letter, you recall, do you not, Mr.
Wincliell, was passed on May 4, 1954, by Senator McCarthy up to
Ray Jenkins, counsel for the committee?
Mr. WiNCHELL. That is right.
Mr. Williams. Ray Jenkins retained possession of that letter
for a time and thereafter, you recall, do you not, Mr. Winchell, that
he returned it to Senator McCarthy ?
jMr. Winchell. Yes, and I believe it was received and unread
and unopened by anyone on that committee.
Mr. Williams. As a matter of fact, at no time during the hear-
ings while you were present were the contents of that letter made
known ?
Mr. Winchell. I know of no one at any time revealing the con-
tents.
]Mr. Williams. So that as a newspaperman sitting at the table
covering the hearings, you were in precisely the same position as
everybody else in the room except Senator McCarthy and Kay
Jenkins ? You did not know what was in that memorandum or that
letter.
Mr. Winchell. I eventually read it.
Mr. Williams. Did you read the document, Mr. Winchell?
Mr. Winchell. Oh, I beg your pardon. I meant to say that I read
the copy I had. I did not see the purported original or whatever it
was up there.
Mr. Williams. At no time during the hearings were the contents
of that document made known.
Mr. Winchell. Would you please repeat that ?
Mr. Williams. At no time during the hearings were the contents
of that document made known.
Mr. Winchell. I do not believe so.
Mr. Williams. The only thing that was disclosed about that docu-
ment was that it was a docimient which purported to be from J. Edgar
Hoover to General Boiling, and that it was a memorandum on 3 pages ;
is that right ?
Mr. Winchell. That is right.
Mr. Williams. Now, as I understand your testimony, thereafter
you received a copy, or you rec;eived a document from someone whose
identity you do not know, and that that document also was a document
which bore the name J. Edgar Hoover as sender and, as recipient,
General Boiling.
Mr. Winchell. Tliat is right.
Mr. Williams. And apart from that point of similarity, you know;
of no other similarity between what you had and what was referred to
in the record of the Army-McCarthy hearings ?
Mr. Winchell. That is true.
Mr. Williams. So that you are unable to say here under oath, in
response to Mr. de Furia's questioning, you are unable to say under
oath that you ever had in your possession a true copy of the document
just discussed at such gi-eat length of 3 days during the Mundt inquiry,
are you ?
Mr. Winchell. No.
Mr. Williams. Now, you said in response to Mr. de Furia's question
that Senator McCarthy did not give you what you had in the way of
a memorandum. Let us call what you had the Winchell document
52461—34 11
156 HEARINGS ON SENATE RESOLUTION 301
and let lis call the one at issue in this hearing the hearing document or
the Mundt document, the Mundt-Jenkins-Army document.
Mr. WiNCHELL. Counsel, as I testified, I did not take a very good
look at this person, although I knew it was a male, but I am sure that
if you contacted the people to whom I showed this copy, that they
might be helpful. I don't know. I mean at the press table.
Mr. Williams. They might be helpful ?
Mr. WiNCiiELL. Or any one of the other reporters, ladies of the press
who might have seen people or a person passing things to me, to certify
to me that it was or it was not Senator McCarthy. I do not know.
Mr. Williams. But you have testified in response to a question that
it was not Senator McCarthy who gave you this document.
Mr. WiNCHELL. I am pretty sure that it was not Senator McCarthy.
I am pretty sure that if Senator McCarthy approached me and handed
me something, I am pretty sure somebody would have seen that.
Mr. Williams. And likewise, to the best of j^our recollection and to
the best of your knowledge, it was not a member of his staff?
Mr, AViNCHELL. That is right.
Mr. Williams. Now that we have established, Mr. Winchell, No. 1',
that this document to which you have made reference here today
and to which Mr. de Furia has made reference cannot be shown
to have been a copy of the document that is germane to this inquiry,
and to the best of your recollection you did not get it from Senator
McCarthy or any of his staff, let me ask you this: The fact of the
matter is that you did not ever show your, what I call the Winchell
document to John Edgar Hoover and say, "Look this over, John, and
let me know if I can use it," did you?
Mr. Winchell. No, I did not.
INIr. Williams. In other words, you simply said to John Edgar
Hoover, "John, I have a copy of that 'hot document,' as Ray Jenkins
'ised to call it, and is it all right if I publish it." Is that right?
Mr. Winchell. Will you arrest me if I publish it, is what I said.
Mr. Williams. Yes, "Would you arrest me?".
So that when you said that to Mr. Hoover, Mr. Hoover's answer
was directed to whether or not you could publish the document about
which there was so much discussion and so much discussion had been
held in the Army-McCarthy hearings, is that right?
Mr. Winchell. That is right.
Mr. Williams. And he did not look at what you had in your hand ?
Mr. Winchell. No, he accepted my question. He simply said,
"Yes, I will arrest you."
Mr. Williams. He simply said, "Yes, I will arrest you," is that
right?
Mr. Winchell. That is right.
Mr. Williams. The fact of the matter is that even your so-called,
what we will call the Winchell document did not have security in-
formation in it, did it, Mr. Winchell?
Mr. Winchell. In my opinion it was not security information.
Mr. Williams. As a matter of fact, Mr. Winchell, what you had in
your possession clearly indicated such portions as could have been
security matters had been removed, did it not?
Mr. Winchell. I believe so.
HEARINGS ON SENATE RESOLUTION 301 157
Mr. WiT.LiAMS. So tlicat yon simply had — the Winchell document —
was simply in the form of a letter from which had been removed those
things which might affect in any way security measures?
Mr. WiN^CHELL. I believe that is true.
Mr. Williams. I have no further questions.
The CuMRMAiSr. Since you have made those statements, I wish you
would tell us, and tell the committee just why you did believe, and
why you said that it was a copy of the two-and-a-fourth page letter
that had been classified as a security document. Give us your reason.
We would like to know why you said it in your publication.
Mr. Winchell. From hearing the charges and explanations across
the table at which you are sitting now. Senator, I have no reason to
doubt that what I had was not an exact copy of what had been pre-
sented to the Senate committee.
The Chairman. You remember you told me something about having
"Personal and Confidential" about the top of the letter that you had?
Mr. Winchell. That I had what, sir?
The Chairman. That it was written in red across the top of it,
"Personal and Confidential."
Mr. Winchell. "Persojial and Confidential," and John Edgar
Hoover's signature, I think.
The Chairman. Signature?
Mr. Winchell. Typewritten.
The Chairman. Typewritten?
Mr. Winchell. This was the copy.
Incidentally, Senator, I just recall some of the people to whom I
had revealed this part [indicating] in opening it up that much, just
the top, and the huge letters "C-o-p-y" in red and perhaps a line at
the top to the left, "Personal and Confidential," and perhaps the
date over here.
I think that Mr. Green of the New York Daily News, who was
sitting on my right, he may have seen it. He was closest to me. I
don't know whether I showed it to Mr. Spivak of International News,
or to Miss McKee, also of International News Service, but they might
corroborate that I did have what I believed to be a copy of what
was in evidence here.
The Chairman. You have given us now all the reasons why you
thought you were right in saying it was a copy ?
Mr. Winchell. I was trying to.
The Chairman. You were so sincere about it that you published it
in your column without equivocation or ifs and ancls?
Mr. Winchell. I believed that it was a true copy.
The Chairman. I see.
We just wanted to be sure that you had given the committee all
your reasons for believing it was. We wanted to clear up this inci-
dent. It was one of those matters charged, and we wanted to get the
statement on it, and you seemed to be the logical person to make the
explanation.
Mr. Winchell. Also, sir, I think that during the testimony, it was
either Mr. Cohn or somebody else testifying, that he named one
name in this list of suspects. He described this name as one who had
already appeared in the headlines in the role of a Communist agent,
and that the others had never been known before, and this coincided
with the copy I had.
158 HEARINGS ON SENATE RESOLUTION 301
Mr. DE FuRiA. Mr. Chairman, I avouIcI like to have the names of
the newspapermen or newspaperwomen who may have seen Mr.
Wincliell's copy. You said Mr. Green ?
Mr. WiNCHELL. Counsel, I did not show the text to anyone.
Mr. DE FuRiA. I understand, sir.
Mr. WiNCHELL. I just opened it up like that [indicating] and he
probably took a look out of the corner of his eye and went on about
his business. I don't knoAv. I didn't turn around.
Mr. DE FuRiA. I missed 1 or perhaps 2 names. Mr. Green
Mr. WiNCHELL. Jerry Green, of the New York News, was on my
right. In front of me, to my right, Jimmy Patterson.
Mr. DE FuRiA. James?
Mr. WiNCHELL. James Patterson, of the New York News, and
Jerry Green, of the same newspaper.
Mr. DE FuRiA. Jerry Green?
Mr. WiNCHELL. Jerry Green, James Patterson.
Mr. DE FuRiA. And James Patterson. You mentioned a Mr. Spivak.
Mr. WiNCHELL. Spivak was seated 2 or 3 from me; I may have
turned it around and said, "Look." I don't know that I did. I think
I did.
Mr. DE FtJRiA. Did you say a Miss McKee?
Mr. WiNCHELL. She may have been at the table at the time. Some
of the reporters had to get up and leave and go and file copy a great
deal of the time.
Mr. DE FuRiA. Now, sir, I have four names. Are there any more?
Mr. WiNCHELL. I offer those to help you decide Avhether I had any-
thing that may have been a copy of the letter in controversy here.
Mr. DE FuRiA. What Avas the color of the paper you had ?
Mr. WiNCHELL. White.
■ Mr. DE FuRiA. Was it copy paper, or regidar Avhite paper, letter
paper ?
Mr. WiNCHELL. It Avas — I don't knoAv the name of it. It is a Avliite,
very thin tissue.
Mr. DE FuRiA. Was it legal cap size, or octa\'o size ?
Mr. WiNCHELL. It Avas this size [holding up sheet of yellow paper].
Mr. DE FuRiA. Regular business letterhead size.
Mr. WiNCHELL. Yes.
Mr. DE FuRiA. Did you see in the audience here today any person
Avho had another copy of that letter?
Mr. WiNCHELL. That isn't clear to me. Counsel.
Mr. DE FuRiA. Do you see among the neAvspapermen or newspaper-
Avomen here in' this room anyone Avho had another copy of the 214-
page letter?
Mr. WiNCHELL. I never knew that any of them had. I have heard
that 35 copies had been distributed — not. Counsel, not mainly to people
in this room, but to heads of neAvspaper services and neAvspapers in
Washington and New York City.
Senator Case. Mr. Chairman.
The Chairman. Senator Case.
Senator Case. Mr. Winchell, the copy that you had, Avas that a
mimeographed copy, or Avas it a carbon copy ?
Mr. Winchell. A carbon.
Senator Case. And you heard that there Avere some 35 copies that
had been distributed?
HEARINGS ON SENATE RESOLUTION 301 159
Mr. WiNCHELL. I had later lieard — oh, a good week or so after —
and I liad already told this to Senator Watkins and Mr. Chadwick and
the counsel in his office earlier today.
The Chairman. The reason we didn't ask about it was that we
thought it was hearsay.
Mr. WiNCHELL. Well, mine was hearsay, Senator.
The Chairmax. What was that ? .
Mr. WiNCiiELL. Mine was hearsay.
The Chairman. What you are saying now is hearsay.
Mr. WiNCHELL. I think I prefaced it by telling you that the man
himself was a notable publisher of a newspaper.
The Chairman. You do not need to go into the whole thing. I
thought it was hearsay, and tliat is the reason I didn't ask you about it.
Mr. WiNCHELL. I see.
Answering your question, Senator, this source told me that he had
heard that 35 of the same, copies of the same letter, had been
distributed in high places or newspapers.
The Chairman. Senator Case, are you through ?
Senator Case. Yes, Mr. Chairman.
The Chairman. Senator Stennis.
Senator Stennis. Mr. Winchell, according to this stamp that was
on this paper that you testified about, you say it was stamped "Per-
sonal and Confidential"?
Mr, Winchell. Typewritten.
Senator Stennis. Typewritten. I got the idea a while ago that it
was a stamp that had been impressed on there.
Mr. Winchell. It was typewritten, sir.
Senator Stennis. In the same way, apparently, as the body of the
instrument was?
Mr. Winchell. Yes, sir.
Mr. Stennis. And the name, J. Edgar Hoover, was stamped or
typewritten ?
Mr. Winchell. Typewritten.
Senator Stennis. Was there any kind of a marking on it indicat-
ing a committee file number or stamp or any indication of that kind ?
Mr. Winchell. I am pretty sure not, sir.
Senator Stennis. This person that handed this paper to you, was
that someone that you had then known, someone you then knew, and
had forgotten who it was, or some person you never did know ?
Mr. Winchell. One I didn't take^a good look at. It was handed
to me folded in half, among the things like that [showing folded piece
of paper] would be handed to me if I was busy talking to some-
one and somebody who didn't want to wait, and this was handed
to me by a male whose face I didn't get a good look at. I assume it
was somebody who wanted to be helpful with some trivia.
Senator Stennis. Was it your impression, then, that this party is
a stranger to me, or was it your impression that it was just one of
the boys around the table?
Mr. Winchell. I think it was just somebody who wanted to pass
along
Senator Stennis. Would you recognize that person now if he were
brought before you ?
Mr. Winchell. I certainly would, I think.
Senator Stennis. You think you would ?
160 HEARINGS ON SENATE RESOLUTION 301
Mr. WiNCHELL. I have g^one down tlie list of all the people it may
have been, and eliminated; but there were 1 or 2 others that I have
not seen.
Senator Stennis. You would not mind identifying that person if
he were brought before you?
Mr. WiNCHELL. I would like it for my own curiosity. If I knew
the source, I would not reveal it to this committee.
Senator Stennis. I beg your pardon?
Mr. WiNCHELL. If I knew the source, I would not reveal it to this
committee.
Senator Stennis. You w^ouldn't mind identifying the person if
the person was brought before you ?
Mr. WiNCHELL. I could not identify him publicly ; I would know
myself that that was the one; I think I would.
Senator Stennis. Does this privilege that you claim, you think,
extend to a paper that the I'BI Director told you that you would be
subject to arrest for if you published it?
Mr. WiNCHELL. That question eludes me.
Senator Stennis. Do you think that the privilege that you claim
extends to a paper or a document that you would be arrested for if
you had published it ?
Mr. WiNCHELL. Senator, I do not claim any privilege. I have just
made a statement. I said I would not reveal any source of infor-
mation.
Senator Stennis. But you say on your oath that you do not know
who this person was ?
Mr. WiNCHELL. Yes, sir.
The Chairman. Any further questions ?
Mr. DE FuRiA. I have a question or two, Mr. Chairman, please.
The Chairman. Proceed.
Mr. DE FuRiA. Mr. Winchell, the words "Personal and Confiden-
tial," were they in red or black ink on your copy ?
Mr. WiNCHELL. The only thing red, as I recall, was the word "copy."
Mr. DE FuRiA. Do I assume that the words "Personal and Confiden-
tial" were in black ink or dark blue or blue?
Mr. WiNCHELL. I believe so.
Mr. DE FuRiA, Do you know anybody who knows who is the person
who handed you the 2i/4-page document?
Mr. WiNCHELL. Do I know anyone who knows the source of any
information ?
Mr. DE FuRiA. Yes, sir.
Mr. WiNCHELL. No ; I do not.
Mr. DE FuEiA. Do you know any way that this committee can iden-
tify the man who gave you the 214-page document?
Mr. WiNCHELL. No ; I do not.
Mr. DE FuRiA. Have you seen the man who gave you the 214-page
letter since about May 4, I believe, or May 6, whatever the date was,
between that time and today ; have you seen that person ?
Mr. WiNCHELL. I haven't seen him again.
Mr. DE FuRiA. You have not seen him again ?
Mr. WiNCHELL. I know that he doesn't work for the McCarthy com-
mittee, because I went over that list.
Mr. DE FuRiA. I am not asking whether he worked for the McCarthy
committee, but have you seen him ?
HEARINGS ON SENATE RESOLUTION 301 161
Mr. WiNCHELL. No ; I have not, sir.
Mr. DE FuBiA. Have you tried to find out who he was ?
Mr. WiNCHELL. I did when I was covering the story down here. I
kept looking around the room nnd down the corridor and various
places and seeing if I could find the man that I thought might be one
of them that would have passed something to me.
There had been several, as I told you, and Senator Watkins, in the
office, who had been running errands every day for others, some people
around the committee table, others among the spectators, who would
pass along messages to me, and I tried to recap the various people,
some of the ladies who were running errands for the Senate committee
at the time, and I felt pretty sure that none of these people were the
ones ; and yet I did not take a very good look at the person who passed
me the j^aper. It was not the only piece of paper that I received in
the corridor at that time.
Mr. DE FuRiA. Mr. Chairman, they are all the question from the
committee counsel, sir.
The Chairman. Are there any further questions?
Senator Case. Mr. Chairman.
The Chairman. Senator Case.
Senator Case. Mr. Winchell, was there a red border on the copy
that you had on the cover page ?
Mr. AViNCHELL. No, the only thing red. Senator, was the word
"copy" in very huge letters.
Senator Case. Do you recall whether or not there was any imprint
on the cover page which started out with the word "Confidential,"
then followed with any warning or caution against the disclosure of
the contents of the material within ?
Mr. WiNCHELL. I am sure, Senator, there was no warning among
those lines.
Senator Case. In other words
Mr. WiNCHELL. It wosn't even marked "Secret." It was just called
"Personal-Confidential," just between us.
I wish you all could see this.
Senator Case. On occasion, I have seen a few confidential papers.
They generally have wo.rning notices on them, frequently in red, with
red border. And I am trying to determine merely whether or not
what you had was a copy which had been prepared in that manner,
or whether it was simply a carbon copy. This word "copy" that you
referred to, would you judge that that was the label on the paper that
was used just as a second sheet might 1be labeled "copy"?
Mr. WiNCHELL. No, sir; it seemed to be stationery that was just
made for copies and it v/as so distinctly marked.
I think, too, that it wasn't solid : that there were lines for the C,
and two lines to make an O, and so on — like sort of a red border for the
C, with white space.
Senator Case. Was the paper a tissue paper, such as is used for
making carbon copies?
Mr. WiNCHELL. Yes, what they call fishskin.
Senator Case. That is all, Mr. Chairman.
The Chairman. Are there any farther ouestions?
If not, you will be excused, Mr. Winchell.
Mr. WiNCHELL. Thank you, sir.
162 HEARINGS ON SENATE RESOLUTION 301
Mr. DE FuRiA. Thank you on behalf of the committee counsel, Mr.
Winchell.
The Chairman. We thank you for coming because this matter had
to be cleared up one way or the other. We wanted to get all the facts
we could relevant to the matter.
Mr. Winchell. Thank you.
The Chairman. I assume it will be too much to ask if there are any
witnesses among the newspaper people, or others, who saw the man
who delivered this letter to Mr. AVinchell. You can volunteer after
the meeting, if you wish to, and let us have your name in order to make
a complete record of the event.
We would like get someone wlio could identify the person who
actually gave you that instrument.
Mr. Winchell. Yes, sir.
Am I excused now ?
The Chairman. You are excused.
Mr. Winchell. Thank you.
Mr. Williams. Mr. Chairman, I make no formal motion at this time,
but I think in the interest of having a wholly relevant record, the
Chair might consider in its wisdom striking the testimony that has
just been heard, for these reasons :
Mr. Winchell, under any rules of evidence, has not identified the
document which he had in his possession with the document which is
in question in this hearing.
Regardless of how loose the rules of evidence may be, there is no
identification. There is no tying up of these two documents as being
the same or similar.
No. 2, Mr. Winchell, in his testimony, has made quite clear that his
recollection of the events, as I understand his testimony, that neither
Senator McCarthy, nor anyone identified with him, gave this docu-
ment to Mr. Winchell so that his testimony becomes, insofar as the
issues in this case are concerned, Mr. Chairman, I sincerely believe,
very irrelevant.
I do not make any formal motion because I think whether his testi-
mony stands, or does not, is a matter pretty much of indifference to us,
but I think in the interest of a clean record, relevant, germane testi-
mony, the chairman might consider striking it.
The Chairman. I admit that it is not very direct evidence with
reference to this document. When it was before the committee in the
first place, it seemed to be rather illusive, and if the testimony that
Mr. Winchell has given here is somewhat indefinite and value, it is
not much more vague than the situation was before the committee —
I mean the Army-McCarthy committee — and we can give whatever
weight we think should be attached to it.
But we felt, as I said once before, that since this charge had been
made, it would be our duty to get all the evidence, no matter how light
in weight it might be, with respect to this particular matter.
We have exhausted every resource in trying to discover whether
there was any truth in that charge, or not, and this is the only
evidence we have been able to find and such as it is, we have presented
it, and I think it ought to stay in the record for whatever it is worth.
At this point, I will state that our counsel advises us that with the
introduction of the testimony just now concluded, the testimony with
HEARINGS ON SENATE RESOLUTION 301 163
respect to point 3 is, as at present, completed ; and the staff has nothing
further to offer on points 1, 2, 4, and 5.
However, at the executive committee meeting this morning, uncer-
tainty remained as to what other testimony might be taken this
afternoon. It was agreed by the committee that for the convenience
of both counsel for the committee and for Senator McCarthy, that this
meeting would be recessed now, and that we would convene tomorrow
at 10 a. m., at which time Senator McCarthy will go on with his
presentation.
The foregoing is subject to the reservation that the committee may
reopen the hearings at any time, particularly as to matters developing
or being developed at the hearings. In other words, this is not exactly
as a court trial where, when you rest, you are through unless you can
show some mistake or something of that sort, but we are interested in
getting all the evidence, no matter whom it helps or hurts in this
matter, and if certain matters develop in the hearing, in the presenta-
tion by Senator McCarthy, whatever he is to present under the rules
set forth, then we don't want to be precluded by anything we have said
here from going on further and developing any new leads that might
be shown to exist.
The committee will now be in recess until tomorrow morning at
10 o'clock.
(Whereupon, at 3: 30 p. m., the hearing was recessed until tomor-
row, Wednesday, September 8, 1954, at 10 a. m.)
HEAEINGS ON SENATE EESOLUTION 301
WEDNESDAY, SEPTEMBER 8, 1954
United States Senate,
Select Committee To Study Censure Charges Pursuant
TO Senate Order on Senate Resolution 301,
Washington^ D. C.
The select committee met, pursuant to recess, at 10 :10 a. m., in the
caucus room, 318 Senate Office Building, Senator Arthur V. Watkins
(chairman) presiding.
Present: Senators Watkins (chairman), Johnson (vice chairman),
Carlson, Case, Stennis, and Ervin.
Also present : Senator McCarthy ; E, Wallace Chadwick, counsel to
the committee ; Guy G. de Furia, assistant counsel to the committee ;
John M. Jex, clerk of the committee; John W. Wellman, staff mem-
ber ; Frank Ginsburg and Ray R. McGuire, members of Senator Wat-
kins' staff on loan to the committee; and Edward Bennett Williams,
counsel to Senator McCarthy, with his associates, Agnes A. Neill and
Brent Bozell.
The Chairman. The committee will be in session.
We will ask the photographers to desist in the taking of pictures. .
Mr. Williams, you may proceed.
Mr. Williams. JNIr. Chairman, will you call Gen. Kirke Lawton,
please ?
The Chairman. General Lawton, will you please come to the stand ?
Raise your right hand and be sworn. Do you solemnly swear the
testimony you will give in the matter now pending before this com-
mittee will be the truth, the whole truth, and nothing but the truth,
so help you God ?
General Lawton. I do.
TESTIMONY OF MAJ. GEN. KIEKE B. LAWTON, ACCOMPANIED BY
HIS COUNSEL, JOHN E. PERNICE
The Chairman. For the purpose of the record, give us your full
name and your address.
General Lawton. Maj. Gen. Kirke B. Lawton, retired; mailing
address care of Fort Monmouth, N. J.
I would like to introduce at this time Mr. John E. Pernice —
P-e-r-n-i-c-e — who is the Chief of the Legal Division of the Chief
Signal Officer of the Army, who I have asked to come here this morn-
ing with me as counsel.
The Chairman. You came here this morning under subpena ?
General Lawton. Yes, sir.
The Chairman. Mr. Williams, you may direct the examination.
165
166 HEARINGS ON SENATE RESOLUTION 301
Mr. Williams. Thank you, sir.
General, how long were you in the United States Army prior to
your retirement ?
General Lawton. Thirty-seven years, sir.
Mr. Williams. When did you retire, sir ?
General Lawton. August 31, 1954.
Mr. Williams. What was your last post of command ?
General Lawton. Fort Monmouth, N. J.
Mr. Williams. When did you take over as commanding general of
that post ?
General Lawton. December 19, 1951.
Mr. Williams. And for how long did you fill the position as Com-
manding General of Fort Monmouth ?
General Lawton. Until March 24, 1954.
Mr. Williams. And thereafter, where were you assigned?
General Lawton. Oh, I was on a combination of hospital, Walter
Reed, and on sick leave, back at Fort Monmouth.
Mr. Williams. Were you Commanding General of Fort Monmouth
at the time when the Senate Investigating Committee conducted an
investigation there of subversion?
General Lawton. I was.
Mr. Williams. And can you fix that in point of time ?
General Lawton, October 1953.
Mr. Williams. The month of October 1953 ?
General Lawton. Yes.
Mr. Williams, And for how long did that investigation, to your
knowledge, continue ?
General Lawton. Well, there were closed sessions at which I at-
tended some in October. I attended no more. I remember reading
in the press there were more closed sessions and then there were some
open hearings in December of employees from Fort Monmouth, I
would say, from the press, December of 1953. It may have continued.
Mr. Williams. Do you know Brig. Gen. Ralph Zwicker?
General Lawton. I do,
Mr. Williams. What w^as his post of command in 1953 ?
General Lawton. Camp Kilmer, N. J.
Mr. Williams, Now, directing your attention, General Lawton, to
December of 1953, did you have a conversation, sir, with Brig, Gen.
Ralph Zwicker at Camp Kilmer ?
General Lawton. I did.
The Chairman. Can you fix the time more definitely than that, Mr.
Williams?
Mr. Williams. I will ask the General to fix it for us.
General Lawton. I don't think I can. It was, I would say, late
November, early December. I had occasion to go to his post on another
matter, and I was half an hour early, I called on him, as a courtesy
call, as a post commander, and I think it was the first time I had
met him,
Mr, Williams, And you fix that in the month of of December,
General ?
General Lawton. Or late November.
Mr. Williams. Now, on that occasion, did you have a conversation
with him regarding Senator McCarthy and the work of the Senate
Permanent Investigating Committee at Fort Monmouth?
HEARINGS ON SENATE RESOLUTION 301 167
General Lawton. I will have to respectfully decline to answer that
question on the basis of the Presidential directive of May 17, 1954,
regulations based upon that which prohibits members of the executive
department from revealing conversations between employees thereof.
Mr. Williams. Do I understand, sir, that you refuse to answer the
question which is directed to the substance of your conversation with
General Zwicker?
General Lawtoist. That is correct.
Mr. Williams. And I understand you base your refusal on the
order of May 17 ?
General Lawton. Yes.
Mr. Williams. Do you have a copy of that order with you. General ?
General Lawton. I haven't; no.
Mr. Williams. Don't you know. General, that order of May 17,
1954, referred only to the Government Operations Committee and the
hearing then in session which was commonly known as the Army-
McCarthy hearing ?
General Lawton. I recall exactly what you say, but I have taken
advice from counsel and other sources and after that counsel, it is
my belief that that directive not only applied to the so-called Mundt
committee but it applies to this or any other; and, therefore, I still
would have to respectfully decline.
Mr. Williams. General, will you tell this committee, counsel, and
myself, with whom you talked about this since Monday night?
General Lawton. I will have to respectfully decline to answer that
one on the basis that the same directive — conversations between two
employees of the executive
The Chairman. May I interrupt there a moment, Mr. Williams?
Do you have a copy of that directive?
Mr. Williams. I know what the directive says. I don't have a copy
of it.
General Lawton. My counsel has a copy of it.
The Chairman. I would like to see a copy, and I think members of
the committee would before we rule on this line of questioning.
Mr. Williams. Do you have an extra copy of it there. General ?
General Lawton. No ; I haven't.
Mr. Williams. Senator Watkins, may I look at it with you ? May
I look at that directive, please ?
The Chairman. Yes; you may. I will advise you, however, that
it was placed in the record yesterday as a part of the statement of
our counsel, Mr. Chad wick, who so advises me now. It appears at
page 359 of yesterday's record. You are welcome to look at it, here,
if you wish.
(A copy of the document referred to was handed to Mr. Williams.)
The Chaiiuman. Tliere is nothing at the moment requiring a ruling
by the Chair, so we will proceed.
Mr. Williams. I believe the last question that I directed to General
Lawton was whether or not he was predicating his refusal to answer
on this order ; and then, following that, when he said "Yes," I asked
him if he had had a conversation yesterday with anyone in the De-
partment of the Army on this matter. That was the pending question,
I believe.
General Lawton. I saw counsel for various periods yesterday.
168 HEARINGS ON SENATE RESOLUTION 301
Mr. Williams. You talked to Mr. Brooker, the General Counsel of
the Department of Defense ; did you not ?
General Lawton. I will have to respectfully decline to answer that
one, on the same basis.
Mr. Williams. Asa matter of fact, prior to your conversation with
Mr. Brooker, you were prepared to testify on this subject which I am
now interrogating you on ; is not that the fact ?
General Lawton. The difference in the status between an active-
duty officer and a retired officer, I have never been interested in or
familiar with. I was under the impression that there Avas some, or
there was more leeway as a retired officer ; and it might be that your
statement is relatively true. But, to make sure, I never cross bridges
until I come to them, and so, to make sure, before I appeared here,
I did yesterday consult several counsel as to what regulations I am
now operating under as a retired officer ; and as a result of those con-
ferences with counsel, I am of the opinion that I cannot answer that
question.
Mr. Williams. Can you tell us. General, this much : Is it not the
fact that counsel with whom 3'ou consulted yesterday was Army coun-
sel or Defense Department counsel ?
General Lawton. Yes. One of them is right here.
Mr. Williams. As a matter of fact, Mr. Pernice is chief counsel,
as I understood, and the chief officer, the chief counsel for the Signal
Corps. Now, General, do I understand that you will refuse to testify
with respect to any conversations that you may have had with Gen-
eral Zwicker, on any subject, and particularly with respect to the
subject at issue here today ?
General Lawton. I will discuss that. I met him, and we passed the
time of day away, and followed ball games, perhaps, and athletics and
things like that. But the official answer is, I must respectfully de-
cline to answer.
Mr. Williams. You did tell me the substance of your conversation
with General Zwicker, Monday night, did you not ?
General Lawton. I did discuss the conversation with you; yes.
Mr. Williams. And you told me the substance of it?
General Lawton. Yes.
Mr. Williams. Now, Mr. Chairman, may I say this, sir? Here I
think we have a very, very cogent illustration of what this case is all
about. We have a witness here on the stand who has information that
is relevant and germane to tliis inqur}''; and I, as a matter of fact,
outlined to the committee, in executive session, in a very cursory way,
what that evidence was, on yesterday; and now we find the Depart-
ment of Defense gagging this witness on the basis, I say, Mr. Chair-
man, of altogether incompetent advice. It is either incompetent ad-
vice, or it is not even in good taste, because General Lawton — and I
mean no criticism whatsoever of him, and I do not want my remarks
to be construed that way, because I have the highest respect for him — I
say that to the full committee — but General Lawton is obviously act-
ing under orders, and those orders are either so predicated or in-
competent, that is, or advice that is not given in good faith, because
his attention is directed to an Executive order of May 17, 1954 ; and
he is told that he may not testify on this inquiry, on the basis of that
order.
HEARINGS ON SENATE RESOLUTION 301 169
The order says — and it is signed by the President, sent to the Sec-
retary of Defense —
You will instruct employees of your Department that in all of their appear-
ances before the subcommittee of the Senate Committee on Government Opera-
tions regarding the inquiry now before it, they are not to testify to any such
conversations or communications or to produce any such documents or repro-
ductions.
I quote it exactly. In other words, an order which counsel for the
Army has told General Lawton binds him, is an order which relates
only to the Government Operations Committee, in the ino.uiry pend-
ing as of May 17, 1954, which was the inquiry regarding Secretary
Stevens, Senator McCarthy, and others ; and this order has no appli-
cability, no relationship in the world to the inquiry which is presently
pending. Furthermore
Senator Case. Mr. Chairman
Mr. Williams. I would like to say this, if I may-
The Chairman. Senator Case, will you wait a minute, until Mr.
Williams has finished?
Mr. Williams. I may say this, Mr. Chairman, and I will be
through. The information that I seek to elicit from General Lawton
has no more relationship to national security or national defense than
the price of yogurt. It is totally, totally irrelevant to any questions
of security or defense ; and it is absurd to say that such a conversation
could be blocked from this inquiry.
Senator Case. Mr. Chairman •
Mr. Williams. And I say this : I have no criticism whatsoever, and
I do not want my remark to be construed as such ; rather it is directed
at the persons who, I say, gave him this wholly incompetent advice.
The Chairman. There is just one inquiry I want to make of him,
Mr. Williams. I understood you to say that he received an order
from the Defense Department, or from Defense officials, who have not
testified. Of course, what he said, as I recall it — and I think the record
will show that I am right — was that he sought advice, and, on the
advice of counsel, he declines to answer, because he thinks it would
be a violation of that order.
Mr. Williams. Is the Chair ruling that
The Chairman. I have not ruled yet. Senator Case wished to be
heard. I wanted to let you finish, first, and then I wanted to call that
to your attention. And, now, I will recognize Senator Case.
Senator Case. Mr. Chairman, I note that counsel said that he was
giving an exact reproduction of the passage from the letter of the
President. I will ask counsel if he read the entire sentence.
Mr. Williams. Are you directing your attention to me ?
Senator Case. I am.
Mr. Williams. No; I did not. I did not read the entire sentence,
but I shall be glad to.
Senator Case. Will you read the entire sentence?
Mr. Williams. Yes, sir ; I shall be very happy to do so. I read :
Because it is essential to (fficient and effective administration that employees
of the executive branch be in a position to be completely candid in advising with
each other on official matters, and because it is not in the public interest that any
of their conversations or communications, or any documents or repi'odnctions,
concerning such advice be disclosed, you will instruct employees of your Depart-
ment that in all of their appearances before the Subcommittee of tlie Senate
170 HEARINGS ON SENATE RESOLUTION 301
Committee on Government Operations regarding the inquiry now before it tliey
are not to testify to any sucti conversations or communications or to produce
any sucli docifments or reproductions.
That is tlie entire sentence.
Senator Case. Now, will you read the sentence that follows, which
concludes the paragraph ?
Mr. Williams. Yes, sir.
Tiiis principle must be maintained regardless of who would he benefited by
such disclosures.
Senator Case. Now, Mr. Williams, directing your attention to the
first part of the first sentence, the long sentence
Mr. Williams. Yes, sir.
Senator Case. And the clause which you did not read the first
time
]\Ir. Williams. Because I felt it had no relationship to the point
I was making.
Senator Case. I invite your attention to the clause —
And because it is not in the public interest that any of their conversations or
communications, or any documents or reproductions, concerning such advice
be disclosed — -
and that is with reference to advising with each other, which is in the
first clause.
Mr. Williams. On official matters. Senator Case.
Senator Case. On official matters. And the final sentence of the
paragraph :
This principle must be maintained regardless of who would be benefited by
such disclosures.
I am wondering, if that principle is to be maintained, if counsel, in
advising General Lawton, would not advise him just as he has been
advised. While the instant case was an appearance before the sub-
committee of the Senate Committee on Government Operations, that
is the occasion of the letter from the President to the Secretary, but
I am unable to see, personally, how that principle that employees in
the executive branch must be in position to be completely candid in
advising each other, that it is not in the public interest that any of
those conversations between them be maintained — I don't see how that
could be maintained unless it were applicable to other cases and ap-
pearances before that particular subcommittee.
Mr. Williams. Senator, I believe, sir, that in any proceeding of
this kind where there are accusations directed against one man, it is
in the interest of justice that all the truth should come out, and I
believe that all the relevant truth should be received in evidence here
unless there is some rule or regulation which specifically tells an
officer of the Army, as in this case, that he may not testify in this
proceeding.
Now, there is no such regulation; there is no such rule; and if orders
of this kind. Senator Case, I respectfully submit, are to be construed
so liberally that persons in the executive can come before a committee
of Congi"ess and say that although there is no order which blocks you
from getting my testimony, I have consulted counsel of the depart-
ment which might be embarrassed by my testimony and they have
suggested that I not testify — if that day comes, I say that the fact-
finding, investigative agencies of this Congress will be stopped and
HEARINGS ON SENATE RESOLUTION 301 171
the avenues of information that have heretofore been open to this
Congress will no longer be open ; and the factfinding committees will
be completely thwarted in their work.
Senator Case. Mr. Chairman, I drew^ attention to this because it
seems to me that this goes to the very heart of one of the big issues
that was before the committee in the hearings conducted by Senator
Mundt, and also to one of the issues that is involved here, and that
is with respect to the privilege of conversations that are within the
executive department, or conversations on the other side that are
within the Congress.
The committees in the Congress have been very jealous to preserve
the right of committees to hold executive hearings when they want to.
The committees of the Congress when they hold an executive hear-
ing on appropriations or on other matters do not permit representa-
tives of the executive branch to appear in those hearings except by
invitation.
The committees of the Congress are jealous to preserve the right to
hold executive sessions and confidential discussions, and I can Under-
stand how the executive branch can say, conversations between mem-
bers of the executive branch that are in the category of official matters,
are matters within 1 of the 3 branches of the Government.
Of course, it is to be noted that in the last part of the letter by the
President, he said that he was not in any way restricting the testimony
of witnesses as to what occurred where the communication was directly
between any of the principles of the controversy within the executive
branch on the one hand, and the members of a subcommittee or its staff,
on the other.
Now, before interrogating the counsel for Senator McCarthy, I
asked Mr, cle Furia, the assistant counsel on the committee staff here,
whether he or Mr. Chadwick had talked with General Lawton.
I would like to get the information, frankly, that I feel General
Lawton can give us. I was hoping that possibly counsel for the com-
mittee had talked with General Lawton, because if that were true, that
I think that he would be free to testify with regard to conversations
between him and members of this committee, or members of this com-
mittee's staff under the terms of the President's letter.
I recognize that there are a lot of ramifications of this question, but
I think if we want, if we venture to assert the right of congressional
committees to demand the conversation that goes on between two
officials in the executive branch, then the committee must recognize
that we may be infringing upon the confidence that we can maintain
for executive sessions of congressional committees as opposed to re-
quests from the executive branch or from the judiciary,
Mr. Williams. Mr. Chairman, I want to say this : I don't know
what your ruling will be, sir, but I say this before you make it :
There is no desire on the part of us to in any way embarrass General
Lawton, or in any way put him in a position where he is affected detri-
mentally in his relationship with the department which he served for
these many years and with the department from which he is now
enjoying his retirement.
So, I will make a proffer of what we would have shown.
The Chairman. I doubt that that would be proper. You have not
asked for an order directing him to testify, to answer the questions.
52461—54 12
172 HEARINGS ON SENATE RESOLUTION 301
Do you want to raise squarely the question so that we will have some-
thing definite to rule on ? As the record now stands I think I am not in
a position yet to rule.
Do you now insist that he answer this question ?
Mr. Williams. I will consult with Senator McCarthy on this and I
will see what his disposition is, because I think to some extent there
are personal considerations that must be kept in mind. I do not want
to do anything to embarrass the general, but I would like to get the
evidence.
The CiiAiKMAN. You can understand that I do not want to rule
on it unless there is an insistence that he be ordered and directed to
answer the question. Then it will raise it squarely.
Senator Johnson. Mr. Chairman.
The Chairman. Senator Johnson.
Senator Johnson. Mr. Chairman, I should like to ask the witness :
Is there any question whatsoever of national security involved in
the conversation between you and General Zwicker which you have
refused to divulge to this committee of Congress?
General Lawton. I don't mean to be picayunish, but an answer to
your question would then reveal the conversation between General
Zwicker and myself, which I am not at liberty to disclose.
Senator Johnson. Mr. Chairman, I think that is a very simple
question and one that ought to be answered, and I don't think that
the directive in May precludes the witness from answering that
question.
If there is anything of national security involved, why I can see
where this committee would have no right to ask the question.
If there is no matter of national security involved, it seems to me
that this committee is being deprived of information that it should
have.
I want to remind the chairman, and I know I do not need to remind
him, that the Senator's political life is at stake in the question before
this committee and it is a serious matter indeed. If the national se-
curity is not involved, then most certainly we should have help from
the executive department in developing the true facts with respect to a
Member of the United States Senate.
The Chairman. Senator Johnson, I will say that, in a way, to a
degree at least, the question you asked General Lawton involves the
same general problem that has been raised with respect to Mr. Wil-
liams' questions and I will say this : When we were advised yesterday
that General Lawton would be questioned as a witness, we were not
advised that he would raise any question about his right to testify.
Mr. Williams. Let me hasten to say to you, Mr. Chairman, that I
did not know that there would be any question about that, because
when I talked to General Lawton before we talked to Mr. Brooker
in the Pentagon, there was not any question about his testifying. So
I could not give the committee that information.
The Chairman. We were not advised and I did not know exactly
what you knew about it, and for that reason the committee did not
give consideration to what the possible ruling should be.
Mr. Williams. Mr. Chairman.
The Chairman. You know that the chairman is only the voice
of the committee. I hesitate to make a ruling about this question in-
volved during the other hearings.
HEARINGS ON SENATE RESOLUTION 301 173
Mr, Williams. I may be able to help you. I have talked to Senator
McCarthy during the last minute and he says to me that it is his posi-
tion that he does not want to force the Chair to rule on this.
He feels that General Lawton has suffered reparations for his testi-
mony before the Government Operations Committee before and he
does not want to put him in a position which would be embarrassing
before this committee or with the Department of Defense, and we
will not demand an order that General Lawton respond to this question.
The Chairman. Even though you may not demand the order, 1
think the committee sliould consider it because I think the committee
does want to get all the information that it can lawfully get on the
very important questions that have been raised by the charges against
the Senator from Wisconsin, irrespective of whether you raise it or
not. I think we should consider it.
Senator Johnson. Mr. Chairman.
The Chairman. Senator Johnson.
Senator Johnson. I was not quite through, Mr. Chairman.
The Chairman. All right. Senator Johnson. I had to make a
ruling on that matter. I was going to suggest to the members of the
committee that we ought to probably have an executive session to see
what the stand of the committee will be on this matter.
You may proceed. Senator Johnson.
Senator Johnson. Mr. Chairman, in defense of my position I
thought I heard yesterday, and I have not had a chance to go over the
record of yesterday's hearing, but I understood that there was a ruling
read yesterday with respect to the executive department and the execu-
tive department's privilege of speaking and testifying, that there was
to be no impediment on anything which did not affect the national
security. I would like to have our counsel speak to that point.
Was there not something read into the record yesterday with respect
to the directive issued to the executive department that testimony
€Ould be freely given except in cases where the national security was
involved ?
The Chairman. Well, Senator, I do not know just how much of
this discussion can take place here at this moment, but I do think, how-
ever, that the committee should consider this general question that
has been raised.
As I have indicated, it is important to the committee to get all the
truth, no matter who it helps or hurts in this controversy, and even
though Senator McCarthy is not going to press the question, it has
been raised and I think we ought to develop it and that is the reason
for the executive session.
Senator Stennis. I have a question, Mr. Chairman.
The Chairman. Senator Stennis.
Senator Stennis. General Lawton, I understand you base your po-
sition solely on this directive dated May 17, 1954 ; is that correct ?
General Lawton. In general, yes.
Senator Stennis. In general. Now, you do not have any other
directive in mind than that which causes you to decline to answer ?
General Lawton. That is correct.
Senator Stennis. Thank you.
Senator Johnson. Mr. Chairman.
The Chairman. Senator Johnson.
174 HEARINGS ON SENATE RESOLUTION 301
Senator Johnson. A reference has been handed me with respect
to the matter which I just referred to a moment ago, entitled "Removal
From Classified Civil Service," and I am reading from yesterday's
record :
The attention of the committee is respectfully called to the last sentence of an
act approved August 24, 1912 (37 Stat. 555; 5 U. S. C. : 652 (d), which reads:
"The right of persons employed in the civil service of the United States,
either Individually or collectively, to petition Congress, or any Member thereof,
or to furnish information to either House of Congress, or to any committee,
or member thereof, shall not be denied or interfered with."
Senator Case. Mr. Chairman.
Tlie Chairman. Just a moment until Senator Johnson finishes.
Senator Johnson. That is not the passage that I had in mind, but
it is somewhat in point.
The Chairman. Senator Case.
Senator Case. Mr. Chairman, I agree wholly with what the chair-
man has said with respect to desiring to get this information.
As I suggested earlier, I would like to see the information developed
as we ought to develop any information that would be helpful in this
matter.
With that thought in mind, I suggest that the committee call General
Zwicker. My understanding is that he is here, tliat he is available,
and I believe that on direct examination of General Zwicker, the testi-
mony can be developed that counsel for Senator McCarthy desires to
develop,
Mr. Williams. Mr. Chairman.
The Chairman. Mr. Williams.
Mr. Williams. I lost you there. Senator. If I cannot develop it
through General Lawton w^ho is retired, I cannot see how I can develop
it through General Zwicker who is on active duty and I do not believe
General Zwicker would be eager to testify to the facts that he hopes
to develop through General Lawton. I would be most surprised if
he is.
Senator Case. It seems to me that the information might be devel-
oped by direct examination of General Zwicker as to what he did or
positions he may have taken personally without reference to con-
versations between him and General Lawton.
The Chairman. Well, General, I think we could argue this back
and forth and probably wouldn't get the matter settled officially so
we could make a ruling. I suggest now, unless there is objection, the
committee will go into executive session.
Senator Johnson of Colorado. Mr. Chairman.
The Chairman. Senator Johnson.
Senator Johnson of Colorado. May I have permission to insert in
the record at this point, when I find it, the reference I mentioned a
moment ago ?
The Chairman. You may have such permission.
(The reference referred to is as follows :)
Section 18. Review within departments and agencies.
The head of each department and agency shall designate a member or mem-
bers of his staff who shall conduct a continuing review of the implementation
of this order within the department or agency concerned to insure that no in-
formation is withheld hereunder which the people of the United States have
a right to know, and to insure that classified defense information is properly
safeguarded in conformity herewith.
HEARINGS ON SENATE RESOLUTION 301 175
Section 19. Revocation of Executive Order No. 10290.
Executive Order No. 10290 of September 24, 1951, is revoked as of the effective
date of this order.
Section 20. Effective date. This order shall become effective on December 15,
1953.
DwiGHT D. Eisenhower,
The White House,
Novemher 5, 1953.
(FR Document 53-9553 ; filed, November 9, 1953 ; 9 : 55 a. m.)
M. Constitution of United States of America, revised and annotated 1952,
Senate Document 170, 82d Congress, 2d session, page 82.
If Congress so provides, violation of valid administrative regulations may be
provided as crimes. But the penalties must be provided in the statute itself.
The Chairman. I started out to suggest that we take a recess, and
that is what I am going to do now — recess
Mr. Williams. JNIr, Chairman, please. Mr. Chairman.
The Chairman. Mr. Williams.
Mr. Williams. Thank you, sir.
May I suggest this: If the committee wants an executive session
before deciding the question before it, may we have, please, sir, while
still in open session, an opportunity to call our next witness and get
his testimony in, which is on the same subject matter, and in order to
have that behind us ?
He has been waiting here for a day and a half to testify.
The Chairman. We will be willing to do that.
General Lawton may withdraw for the moment and we will call
the next witness.
Mr. Williams. Mr. Chairman, would you please call William J.
Harding.
The Chairman. Mr. Harding, will you please take the witness
stand ?
TESTIMONY OF WILLIAM J. HARDING, JR.
Will you raise your right hand and be sworn ?
Do you solemnly swear that you will in the evidence you will present
here give the truth, the whole truth and nothing but the truth, so help
you God?
Mr. Harding. I do, so help me God.
The Chairman. You may take the witness stand.
Give us your name and address.
Mr. Harding. William J. Harding, Jr.
The Chairman. And your address ?^
Mr. Harding. 525 Park Avenue, Borough of Manhattan, New York
City.
The Chairman. You may question the witness, Mr. Williams.
Mr. Williams. Mr. Harding, how long have you lived in New York
City, sir ?
Mr. Harding. Sixty years.
Mr. Williams. Lived there all your life ?
Mr. Harding. Yes, sir.
Mr. Williams. In what business are you engaged ?
Mr. Harding. I conduct a sales agency, a small sales agency.
Mr. Williams. Now, Mr. Harding, I want to direct your attention,
if I may, to February 18, 1954, and ask you if on the morning of that
date vou were at the Federal Courthouse in Foley Square, in New
York:
176 HEARINGS ON SENATE RESOLUTION 301
Mr. Harding. I was, sir.
Mr. Williams. Will you tell us approximately what time you ar-
rived there?
The Chairman. Just a moment, Mr. Williams. Will the witness
pull the mike closer to him and lean forward, so that he may be heard?
Mr. Harding. Yes, sir. Yes, sir.
The Chairman. It is not as sensitive as it might be, and, for that
reason, you have to get closer to it.
Mr. Harding. Thank you.
Mr. WiLi^Aisrs. Did you hear the last pending question?
The question was : Approximately what time did j^ou arrive at the
Foley Square Courthouse in New York on the date in question ?
Mr. Harding. I believe I arrived there somewhere between 11 and
11 : 15 a. m. I didn't look at my watch as to the exact time.
Mr. WiLLiAivrs. Was the Senate Permanent Investigating Committee
holding open session on that morning?
Mr. Harding. They were.
Mr. Williams. In what room was that open session ?
Mr. Harding. It was in room 110 on the first floor of the Federal
Court building, Foley Square.
Mr. Williams. Did you go to that room ?
Mr. Harding. I did.
Mr. Williams. Were you admitted and seated in that room during-
that hearing?
Mr. Harding. I was finally admitted. When I arrived there, the-
doors were closed, and the United States marshal was at the door,,
evidently indicating that the room was very well filled with spec-
tators. I asked to have pennission to go in. My recollection is that
he went inside the door and within 5 or 10 seconds came back and
said he found a space where I might sit down.
Mr. Williams. Approximately what time was it when you gained
your seat at the hearing ?
Mr. Harding. Well, I still say it was somewhere betwen 11 and
11:15. I didn't look at my watch as I sat down.
Mr. Williams. Now, who was testifying at the time you gained
entrance to the hearings ?
Mr. Harding. A former major in the United States Anny named
Peress.
Mr. Williams. Maj. Irving Peress?
Mr. Harding. I believe that was his first name, Irving.
Mr. Williams. Who
The Chairman. Mr. Williams at this point the Chair is in some
doubt. Was this at a public hearing ?
Mr. Williams. Yes, sir.
The Chairman. You may proceed.
Mr. Williams. Who was interrogating Major Peress?
Mr. Harding. At the time I entered the room ?
Mr. Williams. Yes, during the time you sat there.
Mr. Harding. During the time I sat there he was interrogated,
to my recollection, by Mr. Cohn, Senator McCarthy, and I believe
a few questions were directed to him by the administrative assistant
to General Dirksen, a man I believe named Rainville.
Mr. Williams. You mean Senator Dirksen ?
Mr. Harding. I meant to say Senator Dirksen.
HEARINGS ON SENATE RESOLUTION 301 177
And also the administrative assistant to Senator Potter, who I
believe was a youns: man named Jones.
Mr. Williams. Was anyone else there present on the stand or on
the bench '^
I believe it was held in a courtroom.
Was anyone else of the committee there ?
. Mr. Harding. Anyone else from the committee ?
Mr. Williams. Yes.
Mr. Harding. ]\Iy recollection is it Avas only Senator IMcCarthy
there that morning as a member of the committee.
Mr. Williams. Staff members now, to your knowledge.
Mr. HvRDiNG. Pardon.
Mr. Williams. Staff members now I am talking about.
Mr. Harding. Oh, staff members. I believe there was a man named
Juliana that was there.
Mr. Williams. Now, did there come a time during the morning
when a question was asked about someone who was seated in the
audience?
Mv. Harding. Yes, there was such a time came.
Mr. Williams. And was that person who was seated in the audience
identified?
Mr. Harding. Yes. I believe that Senator McCarthy called out
the name of Gen. Ralph Zwicker and asked if he would stand up.
jNIr. Williams. Where was he seated with relationship to you ?
]\Ir. Harding. He was seated in the row directly behind me and
just a bit to my right. I would say about — in the Federal — in the
first place, let me explain in the Federal court building there are
not individual seats there. There are rows of benches. It is not —
one person doesn't have any seat right behind another. You might
have 3 people sitting in 1 bench, where 2 would be sitting at the
bench ahead. But he was sitting at just a point where he was at
my right elbow, in back of me.
Mr. Williams. How was he seated in this chair?
Mr. Harding. He was seated forward, for most of the testimony,
in his chair, with an intent eagerness, I imagine, to listen to all the
testimony, with his head bent forward, about the same position that
I am in now, I'd say.
The Chairman. Mr. Williams, may I ask you a question?
Do you intend to offer by this witness what happened in this public
hearing ?
Mr. WiLLL\MS. I don't intend to offer everything that happened^
because it isn't relevant, but I intend to offer one incident which
happened which I think is very relevant.
The Chairman. Would it ordinarily be a matter of record, that
the reporter would have taken down ?
Mr, Williams. No, sir.
The Chairman. It was one of those matters independent of the
record ?
Mr. WiLLL\MS. This is not of record.
The Chairman. I see.
The reason I asked the question : Ordinarily, if it is a matter of
record, the record, itself, would be the best evidence.
Mr. Williams. This is not of record.
The Chairman. I see.
178 HEARINGS ON SENATE RESOLUTION 301
You may proceed.
Mr. Williams. Now, can you tell us, so we will have the time
fixed, Mr. Harding, approximately what time it was that General
Zwicker identified himself, or was identified by Senator McCarthy or
Mr. Cohn?
Mr. Harding. Well, again it would have to be from my best recol-
lection. I didn't look at my watch at the time that Senator McCarthy
asked him to stand up, but I would say it was possibly 15 to 25
minutes after I had sat there in the room.
Mr. Williams. So that you would fix it at about 11:30; 11:35?
Mr. Harding. Somewhere in there. I mean I don't want to be
positive on the testimony as to the exact time it was. It was some-
where in there.
Mr. Williams. Was there anyone accompanying General Zwicker?
Mr. Harding. Yes. When I went into my seat, I noticed two
other officers of the United States Army. First, I noticed, as I went
through, there was one officer who sat there with brigadier general
stars on his shoulders. To his right there were two other officers of
lesser rank, I believe. They were lieutenant colonels or possibly one
of them may have been a full colonel, but my best recollection is they
were botli lieutenant colonels.
Mr. Williams. Now, Mr. Harding, did you hear General Zwicker
make any remark relative to the chairman of the committee?
The Chairman. You can answer that yes or no.
Mr. Harding. Yes.
The Chairman. Now
Mr. Williams. Will you tell the committee what that was, sir?
The Chairman. Now, just a moment. Let us be sure we have the
identification of the general certain before he proceeds to answer that.
Did you know General Zwicker?
Mr. Harding. Did I know him ?
The Chairman. Yes.
Mr. Harding. No ; I did not know him.
The Chairman. How was it you came to have the opinion it was
General Zwicker ?
Mr. Harding. I came to have the opinion because he stood up right
at my right elbow when his name was called, and I didn't think some
other general would stand up in the room.
The Chairman. Just a moment. As I remember, you said Senator
McCarthy asked him to stand up.
Mr. Harding. That's correct, sir.
The Chairman. And I assume, Mr. Williams, this would be in the
record.
Mr. Williams. That is in the record.
The Chairman. Yes. I haven't read the record, so I wouldn't know
on this particular hearing.
You heard this gentleman, then, make some remark after he had
been identified by the chairman and then stood up ?
Mr. Harding. I heard him make the remark after he had identified
himself as being General Zwicker ; yes, sir.
The Chairman. All right. You may proceed.
Mr. Williams. Would you tell the committee what the remark was
that you first heard that General Zwicker directed toward Senator
McCarthv?
HEARINGS ON SENATE RESOLUTION 301 179
Mr. Harding. I'd be glad to answer that question directly to you, sir,
but I would like to respectfully ask that I be given an opportunity to
relate the part of the conversation or part of Senator McCarthy's
questions to General Zwicker ; and, as I remember, General Zwicker's
answers to Senator McCarthy — I don't have them verbatim, but I
remember them very well.
Mr. Williams. They are, as a matter of fact, of record.
The Chairman. That, of course, is the best evidence, and if you
want to show that it would still have to be subjected to scrutiny to
see whether
Mr. Harding. If it's in the record
The Chairman. Yes, sir.
Mr. Harding. Those are the few sentences that I heard and, as
General Zwicker finished
The Chairman. Now, when you say he finished, you mean
Mr. Harding. Pardon.
The Chairman. You mean he finished answering the question that
Senator McCarthy had asked ?
Mr. Harding. The last question, or the last statement, let's say. I
think the last, as I remember, was a statement by Senator McCarthy
directed directly to General Zwicker. It was not a question, it was a
statement, as I remember.
The Chairman. Now, was General Zwicker still standing or did he
sit down ?
Mr. Harding. He then sat down.
The Chairman. All right. Proceed.
Mr. Harding. As he sat down, his head — I was leaning back in my
seat, like I am now, and his head passed my head, within, I would
say, 12 to 14 inches of it, and I distinctly heard him mutter, undier
his breath, "You S. O. B."
Mr. Williams. Now, did you hear any further conversation?
Did you hear —
Mr. Harding. Did I hear — I beg your pardon.
Mr. Williams. Did you hear any further conversation ?
Mr. Harding. Within a few seconds thereafter, after he had sat
completely down in his seat, I heard him turn to 1 or 2 of the officers
to his right — I don't know whether he was directing his remarks to
both of them, but at least to one of them — and he said, "You see, I told
you this is what we'd get."
Mr. Williams. Now, thereafter, what is your best recollection as
to whether you heard any more remarks of that character from Gen-
eral Zwicker?
Mr. Harding. My best recollection is that I heard him mutter once
more during the testimony under his breath, but I am unwilling at
this time, under oath, to state definitely that I did hear him say it
the second time. I think I did, but I will not swear definitely that
I did.
Mr. Williams. Now, this was before General Zwicker testified in
executive session ; was it not ?
Mr. Harding. It was the morning of the afternoon at which he
had been told by Senator McCarthy that he was going to be called
into executive or closed session, whatever you call it.
Mr. Williams. So that General Zwicker had not yet testified as a
witness before the committee?
180 HEARINGS ON SENATE RESOLUTION 301
Mr. Harding. Well, I don't know whether he had or hadn't at some
other time, sir. but as of that day he had not.
Mr, Williams. I ask the Chair to take notice of the fact that Gen-
eral Zwicker's testimony, which is in issue here, did not begin until
4:30 that afternoon in executive session and that the incidents that
are being testified to took place in the morning in open session.
Senator Stetstnis. Mr. Chairman, at that point —
The Ch'Vtrman. Senator Stennis.
Senator Stennis. It is not clear why Senator McCarthy was calling
out for General Zwicker or addressing remarks to him while he was
back in the audience.
Mr. Williams. I think in proper context we ought to read that into
the record at this time.
Major Peress was on the stand and he was answering questions or,
I should sav, refusing to answer questions, and finally, the chairman — •
and I am reading from page 136 — turned and said :
The Chairman. General Zwicker, may I ask you a question? You can stay
ris-'ht there.
Whenever I served as O. D. — and I think this has been general practice in
the ^larine Corps, the Navy, and the Army — you normally had access to the
encoding and decoding machines. Ordinarily an officer of the rank of major
or above must take his stint at encoding or decoding.
Could you tell me whether or not that has been the practice at Camp Kilmer?
Brig Gen. Ralph Zwicker. It is not.
The Chairman. In other words, so far as you know, this individual never
had access to any confidential or secret material?
General Zwicker. He did not.
The Chairman. Your answer is what?
General Zwicker. He did not.
The Chairman. .Just one other question, General. I did not intend to im-
pose upon you this morning.
His Army file contains reference to his being considered for — and I think
I am quoting it correctly — sensitive work in May of 195.3. Would you have any
idea what that sensitive work was? If you do not know, we will show you
the file to refresh your recollection. The file shows that in May, that is, after
it was fully known that he was a Communist, the tile shows that he was con-
sidered for sensitive work.
The file does not show whether he was rejected or not. Just offhand, you
wouldn't know what that sensitive work would be?
General Zwicker. I do not.
Tlie Chairman. I wonder if you can do this : You are appearing this after-
noon in executive session. I would like to have you here to listen to all of
this testimony. If you have an aide with you, I wonder if you could have
somebody call Camp Kilmer and find out just what the sensitive work was
that he was being considered fur.
Mr. Peress then interjected:
I might be able to help you on that.
General Zwicker. Even if I did know, I would not be privileged to tell you,
under the Executive order which forbids us to discuss matters of that nature.
Mr. DE FuRiA. There is another sentence in there.
The Chairman. One further sentence, counsel.
Mr. Williams (reading) :
The Chairman. I may say. General, you will be in difficulty if you refuse
to tell us what sensitive work a Communist was being considered for. There is
no Executive order for the purpose of protecting Communi.sts. I v/ant to tell
you right now, you will be asked that question this afternoon. You will be
ordered to make available that information.
And then Mr. Peress speaks.
Is that the testimony you had reference to?
HEARINGS ON SENATE RESOLUTION 301 181
Mr. Harding. That is the testimony I had reference to; yes, sir.
Mr. Williams. You may examine.
Mr. Chadwick. We have no questions, sir.
The Chaibman. No questions.
Mr. Harding. Am I excused?
The Chairman. You are excused, Mr. Harding.
Mr. Harding. Thank you.
(Thereupon, at 11:05 a. m., the committee proceeded in executive
session. )
(At 11 : 49 a. m., the committee being in recess, an announcement
was made, as follows:)
; Mr. Jex. The committee has asked me to announce that the Chair
will change its order from an indefinite recess to a definite recess to
2 p. m., at which time the committee will reconvene for public hearing.
(Thereupon, at 11 : 50 a. m., the committee recessed until 2 p. m. the
same day.)
afternoon session
Thereupon, at 2 : 07 p. m., the committee reconvened.
. The Chairman. The committee will now be in session.
The photographers will please leave the room. We will let them
come back if they put their cameras away.
With reference to the matter which was under discussion when the
committee took a recess, the committee will continue a study of this
situation and the matter connected with it. The fact involved is in-
volved in the final decision which will be made by the Senate, probably,
and in a lesser degree by this committee later on. It is involved in
some of the charges which are under consideration. So that matter
will not be presented at the moment.
Mr. Williams, do you have any further questions of the witness
who was on the stand ?
Mr. Williams. No, sir ; I do not.
The Chairman. You will then be excused.
You may proceed.
Mr. Williams. Senator McCarthy will stand the stand, sir.
TESTIMONY OF SENATOR JOSEPH R. McCARTHY
The Chairman. Do you solemnly swear that the testimony you will
give in the matter now pending before the committee will be the truth,
the whole truth, and nothing but the truth, so help you God ?
Senator McCarthy. I do.
The Chairman. You may proceed.
Mr. Williams. Mr. Chairman, in the orderly sequence of things,
we are going, with the Chair's indulgence, to address ourselves in
the first instance to the so-called Zwicker case inasmuch as the com-
mittee has heard testimony on that this morning.
Would you please state your full name for the record?
Senator" McCarthy. Joe McCarthy.
Mr. Williams. You are the junior Senator from the State of Wis-
consin ?
Senator McCarthy. Right.
Mr. Williams. Senator, are you presently serving in this, the 83d
Congress, as chairman of the Government Committee on Operations^
the Senate Committee on Government Operations ?
182 HEARINGS ON SENATE RESOLUTION 301
Senator McCarthy. I am.
Mr. Williams, Are you also serving as chairman of the Permanent
Investigating Committee, which is a subcommittee of that Govern-
ment Operations Committee?
Senator McCarthy. I am.
Mr. Williams. How long have you been so serving?
Senator McCarthy. Since January of 1953, as our administration
took over.
Mr. Williams. Directing your attention, sir, to 1953, was your com-
mittee engaged in an investigation of subversion at Fort Monmouth ?
Senator McCarthy. We were.
Mr. Williams. In that connection, sir, did you meet the man who
testified here this morning, General Lawton ?
Senator McCarthy. I did.
Mr. Williams. Now, while conducting your investigation into the
subject about which I have just alluded to, did there come to your
attention a situation that obtained at Camp Kilmer with respect to a
Maj. Irving Peress?
Senator McCarthy. There did.
Mr. Williams. Who was the commanding general at Camp Kilmer
at that time ?
Senator McCarthy. General Zwicker.
Mr. Williams. Gen. Kalph W. Zwicker, who is the subject matter
of one of the charges in this case?
Senator McCarthy. That is right.
Mr. Williams. Would you tell the committee, Senator, when, in
the first instance, the so-called Peress case came to your attention ?
Senator McCarthy. It came to our attention, Mr. Williams, in
November, I believe, of 1953.
Mr. Williams. At that time, was General Zwicker the commanding
general of Camp Kilmer?
Senator McCarthy. Yes, sir. He became commanding general in
July of 1953.
Mr. Williams. What, if anything, to your knowledge did you or
members of your staff do with respect to the information on Major
Peress that you have just described ?
Senator McCarthy. We turned all of the information over to Mr.
J ohn Adams, legal counsel for the Army.
Mr. Williams. Can you fix that, sir, in point of time ?
Senator McCarthy. Well, it would be by hearsay. My chief counsel
turned it over to him, I think he reported to me, in December. In
other words, shortly after we got the information.
Mr. Williams. Was there any subpena issued for Major Peress in
December of 1953?
Senator McCarthy. There was not.
Mr. Williams. Wliat was the next action that was taken by your
committee with relationship to this case, and I direct your attention to
the early part of 1954, the early part of January.
Senator McCarthy. On January 4, 1954, my chief counsel again
took the matter up with Mr. Adams, called his attention to the fact
that they had a man who was a leader in the Communist Party in a
rather key position at a port of embarkation and debarkation and
suggested that the Army do something about it rather than have our
committee go into the matter.
HEARINGS ON SENATE RESOLUTION 301 183
Mr. Williams. Thereafter, and I refer to January 4, thereafter,
what, if any, action, did your committee take with respect to this
particular situation at Camp Kilmer ?
Senator McCarthy. Well, when nothing was done when Peress con-
tinued to serve, we asked for his appearane before the committee.
Request was made on the 26th day of January. He appeared in execu-
tive session on the 30th day of January.
]Mr. Williams. Where did he appear? I am calling about geo-
graphically.
Senator McCarthy. Courthouse, Foley Square, New York.
Mr. Williams. That was on January 30 of 1954 of this year ?
Senator McCarthy. Thafs right.
Mr. Williams. Peress was called, as I understand it, in executive
session ?
Senator McCarthy. Correct.
Mr. Williams. Was he interrogated at that time ?
Senator McCarthy. He was in detail.
Mr. Williams. Who was there present, sir ?
Senator McCarthy. As I recall, Mr. Rainville, the administrative
assistant for Senator Dirksen, was present; Mr. Jones, the admin-
istrative assistant for Senator Potter; Mr. John — I am not sure if
John Adams was present or not. It seems to me he did not come to
the executive session meeting. I wouldn't know for certain, however.
Mr. Williams. Senator, what was the general subject matter of that
which Major Peress was interrogated on the occasion of this executive
session ?
Senator McCarthy. We asked him about his alleged Communist
activities, whether he had graduated from a Communist leadership
school, the name of the school was — let's see, what was that name?
Mr. Williams. Inwood Victory School.
Senator McCarthy. Inwood Victory School. Refused to answer
that on the ground that if he answered it, it might incriminate him ;
asked whether he was recruiting soldiers at Camp Kilmer ; again, the
fifth amendment ; asked whether he held Communist meetings in his
quarters at Camp Kilmer ; again refused to answer on the grounds of
self-incrimination.
He was asked about a change in duty orders that he got in February,
I think, of 1953. He had been scheduled to go to Yokohama, Japan.
He applied for a change in duty orders on the ground of hardship. He
got that change in duty orders. We J:hought the circumstances were
unusual. The only grounds he had, the only grounds were that his
wife and daughter were visiting a psychiatrist. He could not even
remember the name of the psychiatrist, and on the basis of that he
was given duty in the United States, and I believe the Senators on
the committee had letters from any number of young men who had
much more pronounced hardship cases, cases of wives on the point
of death.
The Chairman. Mr. Williams, may I inquire, this is preliminary, is
it not, to the point ?
Mr. Williams. To the testimony. I think it is necessary to set the
backdrop. I am not going to pursue this in detail. I think it is
necessary to set the backdrop for General Zwicker's appearance on
February 18. That is what I am undertaking to do in these few
minutes.
184 HEARINGS ON SENATE RESOLUTION 301
The Chairman. With that understanding, I am not going to restrict
you too much, but we don't want to try that case over.
Mr. Williams. Now, would you tell us, Senator, in just a few words,
what information you developed on this occasion of the executive
session, the appearance of Major Peress ? You learned he was inducted
into the Army January 1, 1953.
Senator McCarthy. Right.
Mr. AViLLiAMs. He came in as a captain, did he not?
Senator McCarthy. Captain ; as a captain.
Mr. Williams. You found out in August of 1953 that investigations
had been conducted of him by the Army in which he had taken the fifth
amendment.
Senator McCarthy. We learned to the best of our knowledge in
April of 1953 the FBI had given the Army a complete report on Peress
containing practically all the information which we developed at the
hearings.
Then in August of 1953 he was given a questionnaire and asked
many of the questions which we asked him about Communist activities,
and he wrote across the face of the question, '"Refuse to answer. Fifth
amendment."
In November 1953 he was promoted to major.
Mr. Williams. He was promoted to major from captain ?
Senator McCarthy. Yes, sir; after it was fully known about all his
Communist activities.
Mr. Williams. At tliat time was he stationed at Camp Kilmer?
Senator McCarthy. He was, and General Zwicker was his com-
manding officer.
Mr. Williams. How long had he been at Camp Kilmer as of August ?
Senator McCarthy. You mean General Zwicker or Peress? Do
you want Peress first?
Mr. Williams. Peress first.
Senator McCarthy. Peress went directly from the debarkation
point in Washington to Camp Kilmer, and I believe that was in
February 1953. So he had been there quite some time.
Mr. Williams. How long had General Zwicker been commanding
general ?
Senator McCarthy. From July 1953.
Mr. Williams. Now^ at the time that IMajor Peress appeared before
you on January 30, of 1954, he was still on active duty at Camp Kilmer ;
is that correct?
Senator McCarthy. He was.
Mr. Williams. As a result of the testimony developed in executive
session on that occasion, was a request made for his appearance in
open session ?
Senator McCarthy. Yes; that is right.
Mr. WiLLL\MS. Do you recall when he was asked to present himself
for interrogation and examination in open session?
Senator McCarthy. I do not recall the date he was asked to appear.
He appeared on the 18th day of February.
I might say that in the meantime, Mr. Williams, a rather important
occurrence having a direct bearing upon this Zwicker matter, after
Peress appeared and refused to tell whether he was recruiting soldiers
into the Communist Party, whether he Avas holding Communist meet-
ings at his home, whether he was a graduate of a Communist leadership
HEARINGS ON SENATE RESOLUTION 301 185
school, whether a Communist helped him to get his change in duty
orders, I wrote to Secretary Stevens and suggested that this man be
court-martialed.
There were two grounds for the court-martial :
No, 1 : When he entered, he signed a statement to the effect that
he belonged to no subversive organization, specifically I believe that
included tlie Communist Party.
Under the code, that is the criminal code, that is a felony calling
for a prison sentence up to 5 years.
I felt also that his refusal to answer the questions about Commu-
nist activities, while tliis refusal could not be accepted in a criminal
court, contrary to the popular conception the use of the fifth amend-
ment in regard to criminal activities can be used in a civil action.
I suggested to Bob Stevens, and I cannot quote the exact language,
that here was a chance to serve notice on all officers in the Army that
there would be no more coddling of Communists, that if they had any
information about Communist infiltration, that they would be ex-
pected to give that information to the proper authorities that could
be acted upon. That was done.
Mr. Williams. On what date ?
Senator McCarthy. I do not recall the date the letter was dis-
patched. It was made public, as I recall, on February 1.
Mr. Williams. Was that letter written, to the best of your recol-
lection, on the date on which Peress had testified before your com-
mittee ?
Senator McCarthy. It was written that evening, as I recall, or
the next morning.
Mr. Williams. Now, in the January 30 executive session
Senator McCarthy. Could I add something, Mr. Williams ? I do
not like to make these answers lengthy, but Secretary Stevens was not
there, was not in the country at the time the letter was made public.
He arrived back in the States on the 2d of Februai'y.
Before he set foot on American soil, Peress was removed from the
jurisdiction of the military. When I say removed, I should explain
that unless the penalty for a felony is over 5 years, tlie military does
not retain jurisdiction in case of an honorable discharge. In this
case the penalty was a 5-year period so they lost jurisdiction.
Mr. Williams. Your point is that they lost jurisdiction to try him
for an offense that he had committed during his service as an officer
once they discharged him. They gav« him an honorable discharge.
On what date was he honorably discharged?
Senator McCarthy. On the morning of February 2.
Mr. Williams. 1954 ?
Senator McCarthy. 1954, the morning after my letter to Bob
Stevens was made public.
Mr. Williams. Now, coming to February 18 of 1954, this was the
date on which Peress was directed to present himself for open session ?
Senator McCarthy. That is right.
Mr. Williams. That hearing was set for what time originally ?
Senator McCarthy. I think the hearing Avas set for 10 o'clock in
the morning.
Mr. Williams. I notice here in the record that it, in fact, did not
begin until much later than that.
186 HEARINGS ON SENATE RESOLUTION 301
Senator McCarthy. The reason for that, Mr. Williams, was that
my wife was in a taxicab the night before and broke her ankle in
three places.
• I was up with her all night and had to take her to the hospital
in the morning.
Mr. Williams. What time did you get away ?
Senator McCarthy. I think it was 11. Let me see, let me look at
the record. It Avas about 11 o'clock. In other words, we Avere about
1 hour off schedule.
Mr. Williams. Did you go directly to Foley Square from Flower
Hospital ?
Senator McCarthy. I did not go to Flower Hospital. I got Jean
in an ambulance and went directly from there to Foley Square.
Mr. Williams. Who was the first witness heard at that meeting?
Senator McCarthy. A Ruth Eagle. She was an undercover agent
for the New York Police Department, specializing in Communist ac-
tivities.
In fact, she joined the Communist Party at the behest of the New
York Police Department, as I recall.
Mr. Williams. She identified Major Peress as a section leader in
the party in New York.
Senator McCarthy. She identified him :
1. As a graduate of the Communist leadership school ;
2. As a section organizer for the Communist Party.
In other words, as an important functionary of the Coipmunist
Party.
Mr. Williams. Following her testimony. Major Peress was called
to the stand, was he ?
Senator McCarthy. Yes ; he was called to the stand. That is our
practice when somebody is identified as a Communist; we call them
to the stand immediately, wherever possible, in order to permit them
to admit it or deny it.
Mr. Williams. Was Peress accompanied by counsel ?
Senator McCarthy. Yes ; he was.
Mr. Williams. Did he respond to the questions that were pro-
pounded to him regarding his Communist actvities in open session
on this morning?
Senator McCarthy. No ; he was very selective in his answers. He
answered everything, as I recall, not having to do with Communist
activities, but when we got to his Communist activities, why, there
was the usual "I refuse to answer on the ground my answer might
tend to incriminate me."
' ^ Mr. Williams. Did there come a time in the interrogation of Major
Peress when he was asked about an application that lie had made
while at Camp Kilmer for sensitive work which required a security
clearance, an extra security clearance for liim ?
Senator McCarthy. Yes, sir; there did come that time, Mr. Wil-
liams. The reason for that question was that we had the file. We
knew he had applied for security clearance to handle — I do not recall
what classification, whether it was secret or confidential work.
Mr. Williams. Did he respond to the questions that were pro-
pounded to him on that subject?
Senator McCarthy. Yes, he gave us a rather unusual answer when
I asked him what sensitive work he was trying to get into. Knowing
HEARINGS ON SENATE RESOLUTION 301 187
he was a Communist, a Communist leader, I was curious to know
what type of sensitive work he was trying to get into, and his answer,
as I said, was unusual.
He said he was applying for a different type of work on teeth. In
other words, it was sensitive teeth he was dealing with, which did not
make any sense to me.
Mr. Williams. Did this provoke a question from someone on the
staff during the hearing directed to his commanding general?
Senator McCarthy. I asked his commanding general if he would
tell us what sensitive work this Communist had applied for.
Mr. Williams. I now direct your attention, Senator McCarthy, to
the record which is before you.
Senator McCarthy. What page ?
Mr. Williams. Page 136, and I ask you if that was the first interro-
gation of General Zwicker, in either open or closed session, by you or
by any member of the staff, or of the committee.
Senator McCarthy. This was the first interrogation by the com-
mittee. However, he had been interrogated by members of the staff,
Mr. Jim Juliana, prior to that time.
Mr. Williams. I will come to that in just a moment.
I now direct your attention. Senator, to the record, page 136, and
ask you whether or not you requested General Zwicker to find out
what the nature of the sensitive work was, for which Major Peress
applied ?
Senator McCarthy. That's right.
Mr. Williams. Did he respond ?
Senator McCarthy. No; he told me he would not give me that
information. If I may quote him verbatim, he said
The Chairman. Will vou read the question you asked him, as well?
Senator McCarthy. Yes. I said to him :
I wonder if you can do this : You are appearing this afternoon in executivtj
session. I would like to have you here to listen to all of this testimony. If you
have an aide with you, I wonder if you could have somebody call Camp Kilmer
and find out just what the sensitive work was that he was being considered for.
General Zwicker. Even if I did know, I would not be privileged to tell you,
under the Executive order which forbids us to discuss matters of that nature.
May I say in connection with this, Mr. Chairman, the order upon
which Zwicker relied was not the Presidential order, by an order of
the Army, which, according to him, provided that they could not give
security information, unless they had permission from the Assistant
Chief of Staff.
The Chairman. Do you have in your possession a copy of that
order ?
Senator McCarthy. No, I do not. He did not supply a copy of
the order.
I pointed out to him that I thought this was not security informa-
tion, but asked him, in the event, assuming it was, would he ask
the Assistant Cliief of Staff of G2 to give him permission to tell us
the truth about this matter; and he said, "No, I will not." He refused
to ask for permission to give us information, and said, "I would rely
upon the order, and though I have information, I cannot give you
the information."
Mr. Williams. To your knowledge, then, or to your knowledge now,
is there any Executive order which precluded General Zwicker from
52461—54 13
188 HEARINGS ON SENATE RESOLUTION 301
simply stating tlie nature of those sensitive works for wliicli Major
Peress applied?
Senator McCarthy. Definitely not, on a Truman order or on an
Eisenhower order, so far as I know: and I think anyone versed in
the law would state that neither applied to this question.
Mr. Williams. Prior to General Zwicker's appearance before the
committee — I am talking about his appearance in the courtroom at
Foley Square, which was described for us this morning by Mr.
Harding — prior to that time, had you had any member of the com-
mittee staff interview General Zwicker?
Senator McCarthy. Yes, Mr. Jim Juliana had interviewed him.
Mr. Williams. Do you know how long prior to February 18 that
was?
Senator McCarthy. It was several days prior to that. I would not
know the number of days.
Mr. Williams. In your function as chairman of the coimnittee, was
a report made to you as to General Zwicker's interview with Mr.
Juliana ?
Senator McCarthy. Yes. I discussed this in detail with Mr.
Juliana.
Mr. WiLLL\MS. What did you except to develop from General
Zwicker when you requested his presence on the 18th of February
1954?
Senator McCarthy. Wlien he was not under oath, he was talking
to Mr. Juliana, and he said
The Chairman. Just a moment. I think, Senator, that is hearsay,
without question.
Mr. Williams. I offer it for this reason, ]\Ir. Chairman — and I see
the point of your objection, of course. I offer it for this reason. Cer-
tainly, in going to the state of mind of the chairman of the committee
as General Zwicker took the stand, as you can appreciate, being a law-
yer and judge yourself, Mr. Chairman — it is necessary to know what
information he had been led to believe he would get from General
Zwicker as a result of the interview of the staff.
Now, in every lawsuit we learn, as you know, you cannot interview
every witness. We have to rely on other people to interview the wit-
nesses, and they bring us reports as to what the witness will testify to.
Sometimes the witnesses "fence." Sometimes they don't say what we
are led to believe they are going to say; and that, of course, often
affects the vigorousness of the examination which we conduct; such
as this morning, here. I had the very experience. I had been led to
believe that a witness was going to testify to certain things, and when
he took the stand, I was very much surprised.
I think this goes to the state of mind of the examiner, and, for that
reason, I respectfully urge you, sir, to allow this to go in.
The Chairman. You think it has sometthing to do with the ques-
tion of the conduct of the Senator from Wisconsin ?
Mr. Williams. Yes, sir.
Senator McCarthy. I may say further
The Chairman. Of course, I can readily understand that in a re-
port of that kind, if it were permitted to appear in the record, it would
involve a lot of other people and get off into all sorts of diversions.
But I am just wondering where we are headed.
HEARINGS ON SENATE RESOLUTION 301 189
Mr. Williams. I assure you we are not headed anywhere but to a
direct answer to a question as to what Senator McCarthy expected
this witness would testify to, as a result of the official report made by
the staff investigator who interviewed him a few days ago.
The Chairman. And you are now referring to General Zwicker?
Mr. Williams. Yes.
The Chairman. You may proceed.
Senator McCarthy. Mr. Juliana reported to me — I might say this
was an official report from the staff member to the committee — that
Zwicker said that he had objected to the discharge; that he talked to
the Pentagon — he did not tell me who he talked to at the Pentagon —
and that he was ordered to give Peress an immediate discharge after
my letter to Stevens came out.
The Chairman. One further observation in respect to this ruling.
It is not permitted in testimony on the theory that what he was being
told was the truth, or even as what General Zwicker said; but that
it was reported to him by one of his examiners. With that under-
standing
Mr. Williams. Surely.
The Chairman. I understand you are not claiming that when the
agent reported it was the truth, or that General Zwicker even said it ?
Mr. Williams. I do claim it was the truth, but I expect to prove
that through others.
The Chairman. I know, but you are not offering this for that
purpose.
Mr. Williams. Not for this purpose.
The Chairman. All right.
Senator McCarthy. In answer, without elaborating
The Chairman. Is that classified material?
]Mr. Williams. I think what the Senator has testified to is not classi-
fied, if I understand that question. Pie is able to recount what his
investigator told him.
Senator McCarthy. A personnel matter, not a security matter.
The Chairman. It is a report of one of your own investigators ?
Senator McCarthy. Right.
The Chairman. All right, proceed.
Senator McCarthy. And I might say, also, that this involves per-
sonnel matters, not a security matter. In brief, he said that the dis-
charge was the result of a call he had gotten from the Pentagon,
ordering him to discharge — in other words, to remove him from the
jurisdiction of tlie Army. I felt that was significant, especially in
view of the fact that legal counsel for the Army had spent the previous
afternoon with General Zwicker.
The Chairman. Now, you are permitted to tell what this agent
reported to you — not your own feeling. Let us get one thing at a time.
Senator McCarthy. Yes.
Mr. WiLLLVMS. Now, your session, your open session, recessed,
according to the record, at 12 :15 ; is that right?
Senator McCarthy. That is correct.
Mr. Williams. And that was the last open session that day by the
investigating committee?
Senator McCarthy. That's right.
Mr. Williams. General Zwicker did not testify until much later in
the afternoon ; is that correct ?
190 HEARINGS ON SENATE RESOLUTION 301
Senator McCarthy. Yes.
If I can explain why the hearin<r was held up, I went over to the
hospital and arranged for a different room for Jean and got a report
on her injury from the doctor, discussed the matters in detail with
the doctor, which took some time.
Mr. Williams. So that General Zwicker, in fact, did not take the
stand that afternoon until 4 : 80 ?
Senator McCarthy. That apparently is correct.
Mr. Williams. Can you tell us who was there present?
Senator McCarthy. The record shows present: Koy Cohn, chief
counsel ; Daniel Buckley, assistant counsel ; Harold Rainville, admin-
istrative assistant to Senator Dirksen; Robert Jones, administrative
assistant to Senator Potter, and James N. Juliana, investigator, and
my memory would bear that out.
Mr. Williams. Now, I want to call your attention, Senator
The Chairman. May I inquire?
I thought the witness said Senator Dirksen was there; is that right?
Senator McCarthy. No. Dirksen's administrative assistant was
there.
The Chairman. I beg your pardon. I misunderstood you.
Mr. Williams. Mr. Rainville was there for Senator Dirksen, Mr.
Chairman.
I want to call your attention, Senator, for what I shall call, for
purpose of identification, the first key question that was asked of
General Zwicker, and I direct your attention to page 146 and to the
question :
You know —
and I am quoting you —
that somebody signed or authorized an honorable discharge for this man, knowing
that he was a fifth-amendment Communist; do you not?
Now, did you get an immediate response to that question?
Senator McCarthy. I did not. The answer I got was he thinks
he is. I asked him whether he knew the discharge was signed, knowing
that he was a fifth-amendment Communist. His answer was :
I know that an honorable discharge was signed for the man.
No answer to the question.
Mr. Williams. Now, I tliink this is very important, so I want to
ask you some questions about the general context of this line of inter-
rogation ; but, before I do, I want you to point out, if you will, Senator,
to the committee where you got the first answer to this question.
Senator McCarthy. I believe it is over on page 148, where I said —
and I am not reading the entire question, just the pertinent part :
Now, is it your testimony now that at tlie time you read the stories about
Major Peress'tliat you did not know that he had refused to answer questions
before this committee about his Communist activities?
General Zwicker. 1 am sure I iiad that impresison.
That was about a page and a half later, thereafter, of cross-examina-
tion,
Mr. Williams. How much later in point of time was it that you got
your answer?
Senator McCarthy. Could I just, Mr. Williams, point out some-
thing which has a direct bearing upon this? On page 146 — I wonder
if the committee has a copy of the testimony.
HEARINGS ON SENATE RESOLUTION 301 191
The Chairman. We are short of copies. I understand they are out
of print, and we haven't been able to get them.
Senator McCarthy. Let me
Mr. Williams. I think it is important-
Senator McCarthy. I wish the committee had copies of this.
Senator Case. Mr. Chairman.
Senator McCarthy. I would like to show the
Senator Case. Mr. Chairman.
The Chairman. Just a moment.
Senator McCarthy. I am sorry.
The Chairman. Senator Case.
Senator Case. Mr. Chairman, may we have the answers to the ques-
tions ?
A few moments ago the Senator said he received an evasive answer.
It seems to me the committee should have the benefit of a direct answer,
whatever it may be.
Mr. Williams. We are going to go through that.
Senator Case. And let the committee judge whether or not it was
evasive.
The Chairman. Will you inform us what page
Mr. Williams. I have directed the Senator's attention at the out-
set to page 146, and the question I had reference to in my question
is a question that appears at about two-thirds of the way down that
page in the printed record, quoting the Chairman :
You know that somebody signed or authorized an honorable discharge for
this man, Ivuowing that he was a fifth-amendment Communist, do you not?
General Zwicker's answer is :
I know that an honorable discharge was signed for the man.
That is the direct answer, Senator Case.
Now, I am going to ask you, if you will
Senator McCarthy. I think I should read the next few ques-
tions
Mr. Williams. Yes.
Senator McCarthy. To put this in context.
Question :
The day the honorable discharge was signed were you aware of the fact
Senator Stennis. Pardon me. Wliere are you?
Senator McCarthy. Page 146. It is the last one-fifth of the page.
The first question was :
Do you know that somebody signed it?
The question I am reading is :
The day the honorable discharge was signed were you aware of the fact that
he had appeared before our committee?
General Zwicker. I was.
And had refused to answer certain questions?
No, sir ; not specifically on answering any questions.
Now, I would like to have the committee — this will show why it
was necessary to rather vigorously cross-examine this man — jump
over to this question :
Did you know that he refused to answer questions about his Communist
activities?
Specifically, I don't believe so.
192 HEARINGS ON SENATE RESOLUTION 301
Mr. Williams. Here.
Senator McCarthy. Oh, yes. I beg your pardon. I skipped one.
One of the first we have is on page 146. He says, "No, sir", when asked
whether he knew this man had refused to answer questions.
Then on page 147, about 10 or 12 questions later :
But now you indicate that you did know he refused to^
No.
Mr. Williams (reading) :
But now you indicate that you did not know that he refused to tell about his
Communist activities; is that correct?
The answer is :
I know that he refused to answer questions for the committee.
Senator McCarthy. So that here he changes his story. First he
says:
No, sir ; I didn't know he refused to answer questions.
Then the next question:
Did you know that he refused to answer questions about his Communist
activities'?
Specifically, I don't believe so.
Then a number of questions later I said to him, in cross-exami-
nation :
Now, is it your testimony now that at the time you read the stories on Major
Peress that you did not know that he had refused to answer questions before this
committee about his Communist activities?
General Zwicker. I am sure I had that impression.
So, you find first the General says :
I didn't know he refused to answer any question.
Then he says :
Yes, I knew he refused to answer questions, but not about Communist activ-
ities.
And then, finally, after being pressed, he says :
Yes, I am sure I had the impression he refused to answer questions about
Communist activities.
I merely cite that. Senators, so you will realize the difficulty I had
with this witness and why it was necessary to cross-examine him in
detail when he changed his story three times. It was important for
me to get the facts here.
Mr. WiLLiAiMs. Senator, I want to direct your attention to page 147,
and also members of the committee, about one-third of the way down
the printed page where the chairman asks :
Did you have that general picture?
General Zwicker answered :
I believe I remember reading in the paper that he had taken refuge in the fifth
amendment to avoid answering questions before the committee.
And what were the next questions. Senator ?
Senator McCarthy. I said :
About communism.
The answer :
I am not too certain about that.
HEARINGS ON SENATE RESOLUTION 301 193
Do you want me to read on here, Mr. Williams ?
Mr. Williams. Yes.
Senator McCarthy (reading) :
Do you mean that you did not have enough interest in the case, General,
the case of this major who was in your command, to get some idea of what
questions he had refused to answer? Is that correct?
General Zwicker. I think that is not putting it quite right, Mr. Chairman.
The Chaieman. You put it right, then.
And here is the answer :
I have great interest in all of the oflScers of my conunand, with whatever
they do.
Let's sticlj to fifth-amendment Communists. Let's stick to him. You told
us vou read the press releases.
I did.
But now you indicate that you did not know that he refused to tell about
his Communist activities; is that correct?
Listen to this answer, if you will, especially you lawyers on the
committee :
I know that he refused to answer questions for the committee.
Did you know that he refused to answer questions about his Communist
activities?
Answer :
Specifically, I don't believe so.
Then, shifting over to the next page, when asked practically the
same question, he says :
I am sure I had that impression.
So, you have a general here who, for some unusual reason, is com-
pletely evasive. First he says :
I didn't know he refused to answer questions.
Then he says :
Yes, I know he refused to answer questions, but not about communism.
And then later he says :
Yes, I knew he refused to answer questions about communism.
Mr. Wnj^iAMS. Now, would you tell the committee approximately
how much time elapsed between the time you first put the question
and the time that General Zwicker answered, "I am sure I had that
impression" ?
Senator McCarthy. I couldn't ^ive you that in time, Mr. Williams.
It was a long, laborious truth-pullmg job.
Mr. Williams. Now, General Zwicker, in response to a question
that you propounded to him, said that he had read the press releases on
the Peress case after Peress' appearance in executive session.
Can you tell the committee when those press releases appeared?
Senator McCarthy. It was prior to the press release, I believe, of
February 1. The press releases dealt almost exclusively with his re-
fusal to answer questions about Communist activities before the com-
mittee.
The Chairman. May I inquire for the purpose of the record, what
press releases are you referring to ? Whose press releases ?
Senator McCarthy. I am referring, Mr. Chairman, to the letter
which I wrote to the Secretary of the Army Stevens in which I pointed
194 HEARINGS ON SENATE RESOLUTION 301
out all of the facts, asked for his court martial and also, Mr. Chair-
man, we have followed the practice wherever in executive session there
are a number of individuals present where there is a lawyer present
who can go on and give the story of calling in the press and giving the
press the general picture without giving the name of the witness.
However, Peress had given his name so that his name was in the press
on the 30th of January and the press carried the story about all of his
refusals to answer. So there were two stories.
The Chairman. To be absolutely fair about it, do you know whether
or not the newspapers published in full your press release?
Senator McCarthy. I saw the press releases and they published
them in detail, Mr. Chairman.
The Chairman. In what papers? Of course, we have a lot of
papers.
Senator McCarthy. All the wire services carried the stories and
I think they carried very fair and very complete stories.
The Chairman. Did you supply the general with copies of these
press releases? I mean, General Zwicker?
Senator McCarthy. No ; he said he had read the press releases.
The Chairman. The reason I am asking you these questions is that
sometimes people are supplied with a copy of the press release by the
person who makes the press release and they get it that way; at other
times they probably have to wait and get it in the paper and some-
times the papers do not carry in full all the press releases — at least, I
have had that experience.
Senator McCarthy. Mr. Chairman, the reason Mr. Peress was
given no press releases was
The Chairman. I don't mean Major Peress; I mean General
Zwicker.
Senator McCarthy. I am sorry — was because I had addressed my
letter to the Secretary of the Army; asked him for a court-martial
of not only Peress but all of those who were responsible for his pro-
motion, his plush-duty orders, knowing that he was a Communist;
and I did not write to Zwicker because I could not conceive. Mr. Chair-
man, Zwicker taking it upon himself to give an honorable discharge
to a man guilty of a felony, guilty of Communist activities.
Mr. Williams. I want to call the attention of the witness and the
Chair to the question at page 148, approximately one-third of the way
down the printed page:
The Chairman. Did you also read the stories about my letter to Secretary of
the Army Stevens in which I requested, or rather, suggested that this man be
court-martialed, and that anyone that protected him or covered up for him be
courc-martialed ?
General Zwicker. Yes, sir.
The Chairman. Is that what you based your answer on that Gen-
eral Zwicker had seen the press release?
Senator McCarthy. Not only that press story but the previous
press story.
Mr. WiLLTAiMS. I did not say Peress story.
Senator McCarthy. The press; not only this press story but there
was a previous press story about Peress in which the newspapers car-
ried the information about his refusal to answer on the grounds of
the fifth amendment.
HEARINGS ON SENATE RESOLUTION 301 195
Mr. Williams. Now, I want to call your attention, Senator, to a
(question at page 148, and I am now referring to the last third of the
page, of the printed record.
Mr. Cohn asked :
Who did you talk to? You talked to somebody?
And the answer that is reported here emanating from General
Zwicker :
No; I did not.
Was that in conformity with or at war with the report that you
had received from your investigator, Mr. Juliana?
Senator Ervin. That seems to be a conclusion rather than evidence.
The Chairman. I would say to the Senator and also to Mr. Williams
that considerable of the material that the Senator is bringing before
use is alignment and I have not ordered him to desist on that. We
would like to get a straight-out statement on evidence, if we can, but
I realize the tendency is for lawyers to argue and to testify. I would
be guilty of that myself in the same position.
Mr. Williams. I do not intend to argue the case at this time, I
assure you, but I think it is terribly important here for this witness
to let us know what the atmosphere was of this proceeding as he went
along; and to point out why it was necessary to cross-examine this
witness vigorously as he saw it at that time.
The Chairman. We will permit him to relate the facts. However,
we are not inclined to be too strict with the interpretation of the rule
but we think we ought to reasonably keep within it.
Senator McCarthy. The answer is : This is in conflict not only with
the report received from Mr. Juliana but also in conflict with the
testimony of Major Peress who testified in the record which you
have before you that he went in to see Zwicker, and that he asked for
an investigation.
Senator Ervin. Mr. Chairman.
The Chairman. Senator Ervin.
Senator Ervin. He is contrasting this evidence with something else
out of the record.
Senator McCarthy. The Peress testimony is in the record.
Senator Ervin. Let him call our attention to these things and let
us draw the conclusions.
Mr. Williams. That is what we are trying to do, Senator Ervin,
but it is perfectly impossible to portiuxy what was in the mind of the
cross-examiner unless we ask him the questions which motivated his
interrogation and which motivated his cross-examination of General
Zwicker as we are proceeding.
I know of no other way to put defensive material in on this issue.
So I must ask him about evasiveness on the part of General Zwicker
and about the conflicts in the testimony of General Zwicker with other
sworn testimony in the record and with the report that he had received
about what General Zwicker would testify to when he was called before
the committee.
I am sure that Senator Ervin, as a lawyer, has tried many cases and
has sat on the bench and can appreciate what goes on in the mind
of an examiner when he is confronted with answers which he is led to
believe which would be otherwise.
196 HEARINGS ON SENATE RESOLUTION 301
Senator Ervin. He has testified as to what he had been led to believe.
Mr. Williams. Yes, sir.
Senator McCarthy. Let me read the record.
Senator Ervin. Wasn't the statement made ? I think we can assume
that we have enough memory to remember some of these things.
Senator McCarthy. Let me read the record.
The Chairman. Just a moment ; let Senator Ervin finish.
Mr. Williams. Senator Ervin, the reason I am calling this to your
attention is that the part of the record which we are now about to
offer has not heretofore been introduced in evidence, so I don't assume
that you have read it.
The Chairman. Senator Ervin, will you get a little closer to your
microphone ? It is difficult for us to get your words. The microphones
are not too sensitive and it means we have to get rather close to them.
Senator Ervin. I may have misconstrued the evidence but what I
understood was — you were asking the Senator whether a certain thing
was in harmony with what he had been led by Mr. Juliana to expect
the witnesss would testify to.
Mr. Williams. That was one of my questions. Senator. The ques-
tion now, what I am addressing the witness' attention to is the con-
flict between this testimony and the testimony of the witness who had
testified just previously to him.
Senator Ervin. You are putting both together, as I understood it,
though. The point I was making, the things you already testified you
would agree for us to draw conclusions as to.
Mr. Williams. I appreciate your ability to draw the conclusions if
the part I had reference to were in the record, but it is not in here ;
that is why I want to introduce it at this time.
Senator McCarthy. Could I read the Peress testimony that I re-
ferred to?
The Chairman. Are you going to offer that in evidence ?
Mr. Williams. Yes, sir.
The Chairman. Wliy not do it now and we will have it before us.
Mr. Williams. Yes, sir, that is what I want to do.
Senator McCarthy. Can I read it ?
The Chairman. If you will read it all without interruptions so we
can get it ; then you can make your comment.
Mr. Williams. Thank you, sir.
Senator McCarthy. As I said, Mr. Chairman, this was in conflict
with Peress's testimony and I would like to read that testimony now
on page 125.
The Chairihan. Just a moment, now; page 125. That was m the
public hearings?
Senator McCarthy. Public session.
The Chairman. Was General Zwicker there?
Mr. Williams. Yes, sir.
The Chairman. When this testimony was given ?
Mr. Williams. Yes, sir.
The Chairman. I mean the witness. I was asking the question of
the witness. Mr. Williams.
Senator McCarthy. Yes, sir; he was there.
I am reading, Mr. Chairman, from the third question from the
bottom.
HEARINGS ON SENATE RESOLUTION 301 197
«
The Chairman. Who is the highest ranliing oflScer with whom you spoke after
your appearance before the committee?
Mr. Peress. General Zwicker.
The Chairman. General Zwicker? What conversation did you have with Gen-
eral Zwicker?
And the record sliowr: that the witness conferred with his counsel.
He says :
Would you repeat that question, please?
The Chairman. Will the reporter read the question?
(The reporter read from his notes as requested.)
which would have been, "What conversation did you have with General
Zwicker ? "
Mr. Peress. I don't recall the exact word-for-word conversation. I requested
of General Zwicker, after the hearing before you on January 30, when I saw him
on February 1, that an inquiry be made into these charges, that the newspapers
had lambasted me with on Sunday and Monday.
The Chairman. Did you tell him whether or not you were a Communist?
(The witness conferred with his counsel.)
Mr. Peress. I decline to answer that question on the grounds
The Chairman. You wanted an inquiry made as to whether or not you are a
Communist; is that correct?
(The witness conferred with his counsel.)
Mr. Peress. I wanted an inquiry of my conduct at Camp Kilmer.
The Chairman. Did you want the inquiry to include the question of whether
or not you had been holding Communist meetings at your home, whether you had
attended a Communist leadership school, whether you had been recruiting military
personnel there into the Communist conspiracy? Did you want that included?
Senator McCarthy. Again the record shows the witness conferred,
with his counsel.
Then to go on reading on page 126, just about the middle of the
page, Mr. Peress said :
I could not tell them what to inquire about, but I asked for an inquiry of
the charges generally. I didn't specify as to which charges to inquire into and
which not to inquire into.
And Mr. Chairman, I pointed that out, because this is important,
if I may, not merely because it is in contradiction, if I may, with
Zwicker's testimony, but also this indicates that if Peress were not
perjuring himself, then he was not asking for
Senator Case. Mr. Chairman, is it not for the committee to de-
termine for what it is important? Let us get the evidence and let
the committee draw the conclusions.
Mr. WiLiAMS. We are anxious to call these things to the commit-
tee's attention. Senator, so that the committee can better understand
what was in the mind of the cross-examiner as he pursued his in-
quiry with this witness.
The Chairman. Have the Senator finish the reading of the testi-
mony that he wants to read. I suggested that and I thought that
was to be the arrangement, that he would read it through and then
make such comments as would be within the rule of evidence.
Mr. Williams. Yes, sir.
Senator McCarthy. That is all of the Peress testimony that I
have in mind.
If I may say this, Senator: In answer to a question as to why I
commented on this, I have been accused of the
Senator Case. I beg the pardon of the Senator. I did not ask why
you commented on it. I just suggested that the comment was in the
nature of a conclusion and the committee should draw the conclusions.
198 HEARINGS ON SENATE RESOLUTION 301
Senator McCarthy. Would you bear with me for one minute,
Senator Case?
I have been accused of abusing General Zwicker. I am showing
here that his testimony is in complete conflict with other testimony
taken under oath that day, and in conflict with the reports gotten
from the investigation.
Senator Case. This Senator and the committee is interested in see-
ing the conflicts.
Senator McCarthy. Very w^ell.
Mr. Williams. Senator, I want to call your attention now, sir, to
page 149 of the record, at the bottom, and I ask you to read that
question and the answer that immediately follows.
Senator McCarthy (reading) :
The Chairman. Let me ask this question : If this man —
meaning Peress
The Chairman. Will you please indicate where you are starting?
Senator McCarthy. The last question on page 149 :
Let me ask this question : If this man —
meaning Peress —
after the order came up, after the order of the 18th came up, prior to his getting
an honorable discharge, were guilty of some crime, let us say that he held up
a bank or stole an automobile — and you heard of that the day before — let us say
you heard of it the same day that you heard of my letter — could you then have
taken steps to prevent his discharge, or would he have automatically been
discharged?
General Zwicker. I would have definitely taken steps to prevent discharge.
Mr. Williams. Now, Senator, pursuing this so that we have the
natural course of your line of interrogation, I want to direct your
attention to the question that is propounded one-fourth of the way
down page 150, beginning with the last sentence.
Senator McCarthy. "You said"? Oh, I see, I will read that now:
The Chairman. Let us say be went out and stole $50 the night before.
General Zwicker. He wouldn't have been discharged.
The Chairman. Do you think stealing $50 is more serious than being a traitor
to the country as part of the Communist conspiracy?
General Zwicker. That, sir, was not my decision.
The Chairman. You said if you learned that he stole $50, you would have pre-
vented his discharge. You did learn something much more serious than that. You
learned that he had refused to tell whether he was a Communist. You learned
that the chairman of a Senate committee suggested he be court martialed. And
you say if he had stolen $50, he would not have gotten the honorable discharge.
But merely being a part of a Communist conspii'acy, and the chairman of the
committee asking that he be court martialed, would not give you grounds for
holding up his discharge. Is that correct?
General Zwicker. Under the terms of this letter, that is correct, Mr. Chairman.
Mr. Williams. Now, thereafter, did you ask the general whether
there was anything — —
Senator McCarthy. Could I read the next question, Mr. Williams;
I think it is pertinent.
Mr. Williams. Yes, sir.
Senator McCarthy. This is the statement by the chairman :
That letter says nothing about stealing $50, and it does not say anything about
being a Communist. It does not say anything about his appearance before our
committee. He appeared before our committee after that order was made out.
Do you think you sound a bit ridiculous, General, when you say that for $50,
HEARINGS ON SENATE RESOLUTION 301 199
you would prevent his being discharged, but for being a part of the conspiracy
to destroy this country, you could not prevent his discharge?
And may I say, Mr. Chairman, I think he looked extremely ridicu-
lous.
Mr. WiLT.TAMS. Did you ask him whether there was anything in the
letter on the Peress di'scliaroe which gave him authorization to hold
up the discharge for criminal conduct?
The Chairman. Just a moment before you answer that. The letter
itself will be the best evidence. Do you have a copy of that letter?
Senator McCarthy. I do not.
The Chairman. Was one offered to you at that time ?
Senator McCarthy. I was allowed to read it at that time. I think
it was handed back to the (ireneral.
The Chairman. You did not receive it in evidence? You did not
make it a part of the record ?
Mr. Williams. The general was asked about it and answered fully.
Senator McCarthy. I do not believe it is a part of the record.
The Chairman. Ordinarily it is better if we have the letter so that
we can know what it is about.
Mr. Williams. I wish we had it, Mr. Chairman.
The Chairman. I think possibly we can get a copy of it. I thought
probably the Senator had received it at that time.
Senator McCarthy. I do not believe it was produced.
Mr. Williams. I would certainly appreciate it if the chairman
would exercise his prerogative in obtaining a copy of the letter and
placing it into this record.
The Chairman. We will attempt to get a copy of that letter and
will put it in the record as soon as we find it.
Mr. WiLLL\MS. Senator, without going over this transcript question
by question, let me ask you ihis by way of recap and by way of sum-
mary : Was it General Zwicker's position as he testified here that if
he had learned that Major Peress had stolen $50, he could have
stopped his discharge and would have stopped liis discharge, but the
knowledge of the fact that he had been a member of the Communist
Party and had falsified his Army affidavits on that subject, that knowl-
edge was not enough to preclude the honorable discharge that wa?
given to him on February 1 ?
Is that a fair statement of his position on this record ?
The Chairman. That is calling for the conclusion of a witness and
is more or less in the nature of argument.
Can we get to the facts as they appeared ?
I suggest. Mr. Williams, we ought to confine ourselves to the facts
and not make arguments.
Mr. AViixiAMS. Mr Chairman, the trouble with these facts are that
you cannot state them without their sounding like a powerful argu-
ment.
The Chairman. Well, the record itself, I think, is a pretty good
evidence and is probably the best evidence as to what was said and
done. If there was anything else that was done or said that does
not appear in the record, that can be given to the committee.
Mr. Williams. AVhat I was trying to do was to cover a couple of
pages of this colloquy by one yes or no answer and then get to the part
in dispute here.
The Chairman. Obviously it calls for an argument.
200 HEARINGS ON SENATE RESOLUTION 301
Senator McCarthy. Could I read the question that perhaps answers
Mr. Williams' question which appears at the bottom of page 151, the
last question, Mr. Chairman?
The Chairman. You may read it.
Senator McCarthy. It reads as follows :
The Chairman. Let's say one of the trusted privates in your command came
in to you and said, "General, I was just downtown and I have evidence that
Major Peress brolve into a store and stole $50." You would not discharge him
until you had checked the facts, seen whether or not the private was telling
the truth, and seen whether or not he had stolen the $50?
General Zwicker. No, I don't believe I would.
I would make a check, certainly, to check the story.
Mr. Williams. Now, I want to ask you this. Senator: Did there
come a time when you asked General Zwicker to state his position on
the overall policy which permitted this kind of discharge to be made
in the light of the known facts at the time it was made ?
Senator McCarthy. I did.
Mr. WiTLiAMS. I direct your attention to page 152 and I ask you
if you will read that question which immediately precedes the colloquy
which is in dispute here.
Senator McCarthy. You refer to the last question on page 152 ?
Mr. Williams. Yes, sir.
Senator McCarthy (reading) :
The Chairman. Let us assume that John Jones is a major in the United
States Army. Let us assume that there is sworn testimony to the effect that
he is part of the Communist conspiracy, has attended Communist leadership
schools. Let us assume that Maj. John Jones is under oath before a committee
and says, "I cannot tell you the truth about these charges because, if I did, I
fear that might tend to incriminate me." Then let us say that General Smith
was responsible for this man I'eceiving an honorable discharge, knowing these
facts. Do you think that General Smith should be removed from the military
or do you think that he should be kept on in it?
Mr. Williams. Did you add to the hypothesis of that question on
page 153?
Senator McCarthy. I added to it the fact that we are referring to
General Smith, who originated the order directing the separation and
not a general who was merely following out orders.
The Chairman. May I ask at this point, so it will be clear as we
go along, Senator, since we do not have the letter here, did not the
letter direct General Zwicker to release this man ?
Senator McCarthy. It directed honorable discharge for this man
within a period of 90 days. It gave, it apparently gave Peress the
discretion to decide when he would be released, and that is why, Mr.
Chairman, I read the testimony of Mr. Peress when he said he went in.
I did not ask for his release. I asked for an inquiry.
Zwicker knew that there could be no inquiry after his release.
Therefore, it was not Peress who asked for the discharge, if we can
believe Peress.
Of course, I might say I do not believe a Communist under oath.
The Chairman. That is hardly material here. Probably a lot of
people would agree with you on that. What we are trying to get at
are the material facts in this inquiry.
Mr. Williams. This question that you posed to General Zwicker
contained the hypothesis at page 152 and an added hypothesis on page
153.
Senator McCarthy. That is right.
HEARINGS ON SENATE RESOLUTION 301 201
Mr. Williams. You are asking him about liis attitude toward a
general who originated the order that gave an honorable discharge
to a known Communist after he had taken the fifth amendment before
your committee; is that right?
Senator McCarthy. That is right.
Mr. Williams. Did General Zw^cker answer that question immedi-
ately ?
Senator McCarthy. No; he claimed he did not understand it.
You will notice on page 153, let me see :
The Chairman. The reporter will repeat it.
And then a few lines down further it says :
(The question was reread by the reporter.)
So that it was repeated twice.
Mr. Williams. This was the third time ; was it ?
Senator McCarthy. Yes; this was the third time it was repeated.
Mr. Williams. Let me ask you this question :
What was General Zwicker's answer as to whether or not the Gen-
eral who originated the order, the policymaking general who origi-
nated the order giving the honorable discharge to an officer who was
a member of the Communist Party who had taken the fifth amend-
ment while in the Army and before his discharge, what was his an-
swer with respect to what should be done concerning that situation,
that particular general?
Senator McCarthy. Mr. Williams, let me say this question does
not contain all the facts I asked the General. I asked him :
* * * Let us assume that there is sworn testimony to the effect that he is
part of the Communist conspiracy, has attended Communist leadership schools.
Let us assume that Maj. John Jones is under oath before a committee and says,
"I cannot tell you the truth about these charges because, if I did, I fear that
might tend to incriminate me."
And then I say :
The Chairman. Let us say he is the man who signed the orders. Let us say
General Smith is the man who originated the order.
I asked whether he should be removed from the military.
And then down in the middle of page 153 the answer of General
Zwicker is given as:
I do not think he should be removed from the military.
Mr. Williams. "Wliat did you say in response to that? Will you
read that?
The Chairman. Let me be clear on that. Wlio are you speaking
of who should be removed from the military? Is this Peress or the
General ?
Senator McCarthy. I said :
Let us assume that John Jones is a major in the United States Army. Let
us assume that there is sworn testimony to the effect that he is part of the
Communist conspiracy, has attended Communist leadership schools. Let us
assume that Maj. John Jones is under oath before a committee and says, "I
cannot tell you the truth about these charges because, if I did, I fear that
might tend to incriminate me." Then let us say that General Smith was re-
sponsible for this man receiving an honorable discharge knowing these facts.
Do you think that General Smith should be removed from the military or do
you think he should be kept on in it?
202 HEARINGS ON SENATE RESOLUTION 301
The Chairman. Tliat is what I wanted cleared up, whether you were
referring to the Major or General Smith being removed.
Senator McCarthy. I refer to the General. I make it clear on page
153 that I am not referring to a general obeying orders but one
originating orders.
The Chairman. The purpose of that question, obviously, was to
get the attitude of General Zwicker with respect to some other general.
Senator McCarthy. It was to find out, Mr. Chairman, whether
there was Communist infiltration, whether it was condoned, whether
the commanding officer condoned it and allowed an honorable dis-
charge.
I wanted to get his attitude, and that is part of the Government
Operations Committee, to investigate efficiency, economy ; well, intelli-
gence, if you please, of those operating in the Government at all levels,
and I was concerned to find out why they allowed it to continue.
I wanted to get the attitude of this general who was the commanding
officer.
And he said :
I do not think he should be removed from the military.
And then you asked for my answer to that. I said, which appears
near the bottom of page 153 :
The Chairman. Then, General, you should be removed from any command.
Any man who has been given the honor of being promoted to general and who
says, "I will protect another general who protected Communists" is not fit to
wear that uniform. General. I think it is a tremendous disgrace to the Army
to have this sort of thing given to the public. I intend to give it to them. I
have a duty to do that. I intend to repeat to the press exactly what you said.
So you know that. You will be back here. General.
Mr. Williams. Now then, did you say, "You are not fit to wear
the uniform" ?
Senator McCarthy. No, I said he was not fit to wear the uniform of
a general, and I think he was not. I think any man who says that
it is right to give honorable discharges to known Communists is not
fit to wear the uniform of a general.
I said it then. I wall say it now. I will say it again. I feel that
as strongly as I feel anything.
Mr. Williams. Has this statement been quoted, or should I say mis-
quoted, to read frequently "Is not fit to wear the uniform"?
Senator McCarthy. Yes, it has been quoted to that effect.
Mr. Williams. By that statement were you impunging his judg-
ment, or were you impunging liis loyalty?
Senator McCarthy. Not his loyalty. He might be completely loyal
and feel that Communists could get honorable discharges.
I felt that his judgment was bad beyond words when we have such
a tremendous military force spending billions of dollars to defend this
country against communism, and then have a general say in effect: "It
is all riffht to give Communists honorable discharges."
Mr. Williams. Did General Zwicker thereafter in the interrogation
change his position?
Senator McCarthy. Yes, he did.
Mr. Williams. Would you point that out ?
HEARINGS ON SENATE RESOLUTION 301 203
Senator McCarthy. On page 154 he says, or, rather, I said :
Do you think that the higher authority would be guilty of improper conduct?
General Zwicker. It is conceivable.
The Chairman. Do you thinlj they are guilty of improper conduct here?
General Zwicker. I am not their judge, sir.
The Chairman. Do you think to order the honorable discharge for a Com-
munist major was improper conduct?
General Zwicker. I think it was improper procedure, sir.
Mr. WiixiAMS. Then I call your attention to page 154, immediately
above that wliere _vou say, "Let me ask one question."
Will you read that colloquy?
Senator McCarthy (reading) :
Let me ask one question.
In other words, you think it is proper to give an honorable discharge to a
man known to be a Communist?
General Zwicker. No, I do not.
Senator Stennts. Where is that, please?
Senator McCarthy. That is on page 154, about one-fourth of the
way down the page.
Mr. Cohn asked the question. I beg your pardon; the Chairman
asked the question.
The Chairman. Senator, just so we will not miss getting all of this
matter before us so that we may properly evaluate it, I call your at-
tention to page 152, after the long question when you were talking
about John Jones as a major, maybe you omitted the question inten-
tionally, but you did not read General Zwicker's answer when he
said:
He should be by all means kept if he were acting under competent orders to
separate that man.
Senator McCarthy. Yes, but then I pointed out. Senator, that I
referred to, I said, to the man who originated the order directing the
separation.
Mr. Williams. The question as shown on page 153, and as read
by the reporter over twice was that the question was directed to the
man who originated the order, not the man who was acting under
competent orders. That was the purpose of the clarifying question
at page 153, the man who originated the order, and that was the ques-
tion posed the next two times on that page to which the final answer
was given. Senator.
• I want to call your attention in this^ record to page 155. Was there
a question propounded again to General Zwicker as to whether he
had talked to anyone in Washington about the Peress case?
Senator McCarthy. Yes, about one-fourth of the way down the
page you will find the question :
Did you talk to anyone in Washington?
General Zwicker. No, sir, about this case.
Mr. Williams. The next question is what?
Senator McCarthy (reading) :
Within the week preceeding his discharge?
General Zwicker. No, sir.
Mr. WiLLL\.MS. Senator, I want to ask you to describe if you will
in the most accurate manner, but in a very brief time the demeanor,
the attitude, of this witness as he testified before the committee.
524^^l— 54 14
204 HEARINGS ON SENATE RESOLUTION 301
•
Senator McCarthy. I would say he was one of the most arrogant,
one of the most evasive witnesses, that I have ever had before my
committee, one of the most irritating.
The Chairman. Just what did he do, other than answer the ques-
tions? Was there something with respect to his manner? We have
the record before us as to what he said. It is somewhat in the nature
of a conchision, but if you can get us some of the facts that helped
you to arrive at that conclusion, we would appreciate it, because we did
not see it. We were not there.
Senator McCarthy. Mr. Chairman, you have been a judge for
quite some time. It is impossible to describe in detail the arrogance
of a witness. He shows it when he appears before a committee. He
displayed it that morning when he sat in the audience calling me
a S. O. B. because
The CHi^iRMAN. You did not know about that.
Senator Case. Mr. Chairman.
The Chahiman. You did not know about that at the time you were
examining him.
Senator McCarthy. I did not, but the attitude was in complete
keeping with it, Mr. Chairman. All you do is to look for demeanor
of a witness, his attitude, his evasiveness, and you know as a judge
and as a lawyer that you cannot put your finger on specific items.
You have got to sum the whole attitude up in one parcel, and I merely
mentioned the morning because I knew about that, to show that
his attitude in the afternoon was in keeping with his attitude in the
morning. His attitude on the stand was about the same as ii\ the
morning; in other words, that the chairman was an S. O. B. and he
wouldn't answer unless he had to.
The Chairman. Of course, we heard the other witness. You are
assuming, of course, that what he said was the truth. We do not
know all of the meaning that he had in connection with it. At any
rate, that is before us, to be considered. In all good faith, I asked
if there were anything in his mannerism that you could give us as a
fact, what he did — his tone, and a lot of things, I mean, which might
tend to make a man conclude that he was arrogant.
I mean, aside from tlie answers that he gave, the factual matters
with the statements and the answers, themselves — I wonder if there
was anything in his physical appearance or his physical action at the
time, that you used as a basis for concluding that he was arrogant.
Senator McCarthy. Mr. Chairman, all I can say is that his whole
attitude when you talk with him, in connection with his refusal to
answer questions and his evasiveness, you would get the picture, but
you cannot get it from the printed record; and all I can say is, the
full attitude was one of complete arrogance, complete contempt of
the committee.
Mr. Williams. Mr. Chairman, I have completed my direct exam-
ination. I urge and invite the committee members to cross-examine
Senator McCarthy vigorously on this subject. I believe that a vigor-
ous cross-examination is the greatest instrument that has ever been
devised for eliciting the truth; and I turn him over to you, sir, as
your witness.
The Chairman. I think we may expect that members of the com-
mittee will be given an opportunity to cross-examine with some vigor.
HEARINGS ON SENATE RESOLUTION 301 205
However, I think we will place some limitations, not on tlie degree
of vigor which they may use. I do not think I have to pass on that.
But I think, possibly before they start — I assume you meant that the
connnittee counsel could question, as well.
Mr. Williams. Oh, surely.
The Chairman. So probably, unless members of the committee
want to talk now, or proceed to the examination — and I will ask them
if they do.
Senator Stennis. Mr. Chairman, I have no questions, now, but
before we leave this record here, do I correctly understand that this
testimon}' now of General Zwicker, and the examination by Senator
McCarthy, is all in the record ? If it is not, I think it should be.
Mr. Williams. I think so, too. Senator.
Senator Stennis. Because that is the only way we have of getting
the picture all together. Is it already in, Mr. Chairman?
The Chairman. A good deal of it is in the record. A good deal
of what seemed to be pertinent material at the time was placed in the
record the otlier day, when counsel was reading from this record.
Senator Stennis. As I recall, the attorneys for the committee
placed in the record Senator McCarthy's report. I feel that it all
ought to go in the record.
The Chairman. You mean this entire printed hearing?
Senator Stennis. Well, there is a viewpoint that is missed unless
it is in there.
The Chairman. Some of it may be considered to be irrelevant and
immaterial, if we eliminate that.
Mr. Williams. It is my suggestion that we offer the Peress testi-
mony in open session, and the Zwicker testimony in executive session
in toto, and I think we shall then have the whole picture. Mr. de Furia
indicates there is no objection.
The Chairman. I think that offer will be accepted. We have most
of it now.
Mr. Williams. Yes, sir.
The Chaieman. To be sure we have got it all, we will accept that
offer and will print all the Peress testimony, in the open hearing, and
the Zwicker testimony in the executive hearing.
Mr. Williams. Thank you, Mr. Chairman.
Senator Stennis. Let all the Zwicker testimony appear in one
place, in the present record, as it does in this printed record before
us. That is the only way to get it into the record.
The Chairman. That is just what we will do, whenever it appears.
It should appear in the record, about now, on that point.
Mr. Williams. Yes, sir.
The Chairman. So the testimony of those two men that I refer to
will be received in evidence.
Mr. Williams. Yes, sir.
The Chairman. As a part of the record.
Senator Stennis. Certainly. I thank you.
The Chairman. So that will cover that. Thank you for the sug-
gestion.
The testimony of Major Peress and of General Zwicker is as follows :
206 HEARINGS ON SENATE RESOLUTION 301
TESTIMONY OF MAJ. IRVING PEEESS, AEMY DENTAL CORPS,
CAMP KILMER, N. J., ACCOMPANIED BY STANLEY FAULKNER,
ATTORNEY
The Chairman. Major, would you raise your right hand and be
sworn, please.
In the matter now in hearing, do you solemnly swear that the tes-
timony you are about to give will be the truth, the whole truth, and
nothing but the truth, so help you God ?
Major Peress. I do.
The Chairman. Will counsel identify himself for the record?
Mr. Faulkner. Stanley Faulkner, 9 East 40th Street, New York
City.
The Chairman. And would you give your telephone number in case
the staff has to get in touch with you ?
Mr. Faulkner. Lexington 2-7780.
Mr. CoHN. Could we get your full name ?
Major Peress. Irving, I-r-v-i-n-g Peress, P-e-r-e-s-s.
Mr. CoHN. Where do you reside ?
Major Peress. 6139 79th Street, Middle Village, N. Y.
Mr. CoHN. Now, what is your current rank in the Army?
Major Peress. Major.
Mr. CoHN. For how long a period of time have you held that rank ?
Major Peress. Almost 3 months.
Mr. CoHN. And when did you enter the Army?
Major Peress. On active duty, you mean?
The Chairman. Let me interrupt. Do I understand you were pro-
moted 3 months ago ?
Major Peress. That is right. On November 2, 1953.
The Chairman. When did you go on active duty?
Major Peress. January 1, 1952.
The Chairman. A little over 2 years ago ?
Major Peress. No, I am sorry, January 1, 1953.
Mr. CoHN. Now, what were the circumstances of your going on
active duty. Did you apply or were you called ?
By the way, any time you want to you can consult with counsel. He
can talk to you or nudge you and you can do likewise. I don't know if
you have been before tlie committee before.
(Witness consults with counsel.)
Major Peress. I registered under the doctor draft law; I think it
was the 1950 law. I was called up in July of 1952 to take a physical
examination, which I passed, and I was tendered a commission in
approximately October 1952 as captain. I got orders to go on active
duty January 1, 1953.
Mr. CoHN. Did you apply for a commission as captain ?
Major Peress. Yes, the procedure was the draft board notified you
of your impending induction and between the enlistment on my part —
the coinciding of dates coining in 2 weeks — I was informed the enlist-
ment was not recognized so that I went under the normal channels of
draft induction.
Mr. CoHN. Then you applied for a commission, and after you filled
out certain application forms, that commission was tendered as
captain. Is that right?
Major Peress. Yes.
HEARENGS ON SENATE RESOLUTION 301 207
Mr. CoHN. And you accepted the commission.
Major Peress. I did.
Mr. CoHN. Where did you enter on duty ?
Major Peress. Fort Sam Houston, Tex.
Mr. CoHN. For how long a period were you down there ?
Major Peress. I left home January 1 and left there February 7.
Mr. CoHN. "W^iere did you go from Fort Sam Houston ?
The Chairman. Let me interrupt. Apparently, Major, the situa-
tion was — see if I understand you correctly. Correct me if I am
wrong. You did register for the doctors' draft.
Major Peress. Every physician and dentist had to register under
the 1951 law.
The Chairman. Then there came a time when the draft board noti-
fied you you had been called up. You were put in a certain priority
depending on whether the Goverment had helped finance your edu-
cation or depending on the time you served in the last war.
Major Peress. Yes.
The Chairman. After you were classified in one of those priorities,
you attempted to enlist in the Army. They told you due to the prox-
imit}^ of enlistment to the time of your classification, they hadn't
recognized your enlistment and you were about to be inducted ; then
you applied for a commission — they allow you sufficient time to apply
for a commission — a commission of captain was tendered to you and
you accepted it. Is that right ?
Major Peress. Yes, sir.
The Chairman. In effect you attempted to volunteer for the service.
Is that correct.
Major Peress. In effect, yes, sir.
The Chairman. How did you serve in the last war ?
Major Peress. I had a commission tendered to me and at the last
moment they discovered I had a physical defect which they would not
waive and they would not accept me.
The Chairman. But your physical defect was waived on this oc-
casion ?
Major Peress. That is right.
The Chairman. Had the Government financed, in any way, your
education ?
Major Peress. No.
Mr. CoHN. From Fort Sam Houston, where did you go after that?
Major Peress. I had orders to go^to Yokohama, Japan. When I
got to the port of embarkation at Fort Lewis, Wash., I had an emer-
gency leave to come back home.
The Chairman. Was it a medical question?
Major Peress. Yes, sir, a medical question.
I came home and had further communication with the Department
of Defense, the Pentagon, I received new orders to report to Kilmer.
Mr. CoHN. Wliose illness was it ?
Major Peress. My wife and daughter.
Mr. CoHN. Now, you said something about the Department of De-
fense. Who did you see in the Department of Defense ?
Major Peress. Well, I guess I went through the Adjutant General's
Office in the Pentagon.
Mr. CoHN. You wrote to the proper authorities and requested a
change of assignment?
208 HEARINGS OX SENATE RESOLUTION 301
Major Peress. They did.
Mr. CoHN. Wliere did they station you ?
Major Peress. Camp Kilmer, N. J.
Mr. ConN. How far is that from New York ?
Major Peress. Thirty miles.
The Chairman. See if I have this picture correctly in mind. You
were assigned to Yokohama ; you got as far as the port of embarkation
and received emergency leave because of illness on the part of your
wife and daughter.
Major Peress. That is right.
The Chairman. When you arrived home you applied for a transfer
to some other station in the United States ?
Major Peress. I applied for what is called compassionate
reassignment.
The Chairman. Who did you correspond with on this subject?
Major Peress. The Adjutant General. I don't know who handled
it in the office — in the Office of the Adjutant General.
The Chairman. Did you have correspondence other than through
official channels?
(Witness consulted with counsel.)
Major Peress. Before I answer that question, Mr. Senator, I would
like to state, at this time I am on active duty with the Army and under
the sole jurisdiction of the Army and the President, who is the Com-
mander and Chief of the Armed Forces, and do not feel that I come
under the jurisdiction of this committee.
The Chairman. Did you have any correspondence with anyone with
regard to the change of your orders other than through official
channels ?
Major Peress. In regard to the change of being assigned to Yoko-
hama to being assigned to the United States, did I have correspond-
ence— you mean did I write to friends ?
The Chairman. You understand the question. Did you have cor-
respondence other than through official channels ?
Major Peress. The answer is "No."
The Chairman. In other words, no Congressman, no Senator, no
one to your knowledge intervened in your behalf to promote your
change of orders?
Major Peress. Well, I wrote to nobody, but my wife asked my Con-
gressman about the advice of how to proceed. There was no official
correspondence, no intervention. He merely suggested to us the Red
Cross as a means of coming back from Fort Lewis, Wash., to New
Jersey.
The Chairman, Who was your Congressman?
Major Peress. I believe his name was Holtzman.
The Chairman. And he is from where ?
Major Peress. Queens, where I live.
The Chairman. You say you had correspondence with him when
you were on your way to Yokohama ?
Major Peress. I had no correspondence with him.
The Chairman. Who did have correspondence with him ?
Major Peress. Well, I don't remember exactly but my wife either
called him or wrote to him because he lives in the neighborhood and
got a telegram back from him to the effect that I get in touch with the
Red Cross in order to secure time that my apj^eal be considered.
HEARINGS ON SENATE RESOLUTION 301 209
As it was, because of the element of time, nothing could be done and
I would have had to go to the Far East and take it up in the Far
East. He suggested the Red Cross as an instrument of delaying the
transfer overseas.
The Chairman. Do you have copies of the correspondence and the
application you made at that time? Do you have copies of corres-
pondence with your Congressman, the Red Cross, Department of
Army — any correspondence in connection with the delay or change of
orders ?
Major Peress. I should say
The Chairman. Do you or do you not have the correspondence ?
Major Peress. Well, I made copies but I am not real sure I have
them.
The Chairman. You don't have any along with you ?
Major Peress. Let's see.
(Witness examines record.)
The Chairman. Any documents having to do with the change of
orders ?
Major Peress. I do not have them with me.
The Chairman. Did anyone in the Army ever ask you whether
you were a member of the Communist Party or a Communist Party
organizer ?
Major Peress. I decline to answer that question under the protec-
tion of the fifth amendment on the ground it might tend to incriminate
me.
The Chairman. You decline to answer whether or not they asked
you ? Are you a member of the Communist Party today ?
Major Peress. I again decline, claiming the privilege for the reason
previously stated.
The Chairman. Were you a member of the Communist Party at
the time you were inducted ?
Major Peress. I again claim the privilege.
The Chairman. Did any Communists intervene to have your orders
changed so you would not have to leave the country ?
Major Peress. I again claim the privilege.
The Chairman. You are entitled to the privilege.
Is your wife a member of the Communist party ?
Major Peress. I again claim the privilege.
Mr. CoHN. Your wife's name is Elaine, is that correct ?
Major Peress. Yes, sir.
The Chairman. How many children do you have?
Major Peress. Two.
The Chairman. How old are they ?
Major Peress. Six and a half and eight and a half.
The Chairman, And you said your orders were changed because
of illness. What was the illness ?
Major Peress. It is a personal matter I'd rather not discuss. The
Army has official information on it.
The Chairman. If it is an illness which is in any way embarrassing,
we would not require you to discuss it. Otherwise, we will have to
ask you about it.
I am curious to know how Communists can get their orders changed
so easily. The average man would be sent to Yokohama. You can
suddenly have your orders changed and kept in this country. I am
210 HEARINGS ON SENATE RESOLUTION 301
curious to know whether the ilhiess was real or imaginary. I am
curious to know if that was the real factor; if you were telling the
truth, or you were lying. You told the Army your wife and daugh-
ter were sick. If the sickness would be embarrassing to discuss it,
we will not ask about it ; otherwise I want to know about it.
Major Peress. The Red Cross made an investigation of the nature
of the illness and the validity of the reason of the change and these are
on file in the Army records.
The Chairman. What were the reasons? If the Red Cross made
an investigation, there is nothing confidential. Wliat were the
reasons ?
Major Peress. I would still rather not discuss it. Senator, because it
is personal, and I feel it invades the privacy of the medical profession
and is not pertinent.
The Chairman. Mister, I don't know whether the reason is suf-
ficient. Every day in my office I have young men writing in saying
tlieir wives are sick, very ill, asking to have their orders changed so
they will not have to go overseas. They are sent overseas. I just
wonder how you Communists have such tremendous luck clay after
day when you come before us. There is no consideration too great.
I want to find out how you stopped at the port of embarkation ; who
stopped you when he knew you were a Communist ; whether another
Communist did it for you, and I am going to order you to tell us what
the alleged illness was.
Major Peress. The reason is simply that my wife and daughter
were undergoing psychiatric treatment, and I am not a psychiatrist
and couldn't detail the reasons. He felt it would be desirable for the
health of the family to have me stay.
I'he Chairman. In other words, there was no physical illness except
that they were under the care of a psychiatrist because of some emo-
tional disturbance. Is that correct?
Major Peress. I don't know if you feel there is a difference between
physical and mental illness — if there is a different level of the validity
of illnesses. As I said, they were under psychiatric treatment.
The Chairman. How old was your daughter when she was under
this treatment?
Major Peress. She was at the time just under 6.
Mr. CoHN. Now, Major, you are a graduate of the leadei-ship train-
ing course of the Inwood Victory Club of the Communist Party, are
you not?
Major Peress. I decline to answer that question under the fifth
amendment.
Mr. CoHN. Did you attend courses in leadership of the Inwood Vic-
tory Club of the Communist Party at 139 Dyckman Street?
Major Peress. I claim the privilege.
The Chairman. Let me ask you this. When you say you claim th(i
privilege, you are claiming it under that part of the fifth amendment
which provides that you need not give testimony that you feel might
tend to incriminate you. Is that correct?
Major Peress. That is correct.
The Chairman. You understand that you can only claim that privi-
lege if you feel a truthful answer might tend to incriminate you ; you
cannot claim the privilege if you feel perjury would incriminate you.
Do you understand ?
HEARINGS ON SENATE RESOLUTION 301 211
Major Peress. I understand your question.
The Chairman. Is your position that you feel a truthful answer
to this question might tend to incriminate you ?
Major Peress. That is correct. Since the Constitution, I believe,
states I may believe my answer may tend to incriminate and not that
it will incriminate me, I am exercising the right under the fifth
amendment, which so stated.
The Chairman. I asked you a simple question, before I can deter-
mine whether you are entitled to the fifth amendment privilege. The
question is : Do you feel a truthful answer might tend to incriminate
you ? If you do, you are entitled to refuse. If you do not, then you
must answer.
Major Peress. Yes, I do feel a a truthful answer might tend to
incriminate me.
The Chairman. And that is what you mean is your answer to all
these questions when yon say
Major Peress. That is correct.
Mr. CoHN. At the leadership training course of the Inwood Victory
Club, were you taught the doctrine of forcible overthrow of the
United States Government?
Major Peress. I again claim the privilege.
Mr. CoHN. Did you yourself deliver talks at Communist discussion
groups at which you discussed the doctrine of Marxism and Leninism
urging the overthrow of the Government of the United States by force
and violence?
Major Peress. I again claim the privilege.
Mr. CoHN. When you went down to Camp Kilmer, specifically,
when at Camp Kilmer, did you attempt to recruit any of the military
personnel there into the Communist Party ?
Major Peress. I again claim the privilege for the same reason.
Mr, CoHN. While stationed at Camp Kilmer did you have Comnum-
ist Party meetings at your home, attended by one or more military
personnel from Camp Kilmer ?
Major Peress. I again claim the privilesre.
Mr. CoHN. Now, you attended City College from 1933 to 1936. I3
that right?
Major Peress. Yes, sir.
Mr. CoHN, And then you went to NYU Dental School from 193G
through 1940?
Major Peress. That is right.
Mr. CoHN. While you were at Camp Kilmer, were you taking orders
from any functionaries of the Communist Party ?
Major Peress. I again claim the privilege.
Mr. CoHN. In addition to your work in the Dental Corps, did you
have any other assignment, extra duty, or anything else in connection
with Army service? Were you ever on any board or special detail?
Major Peress. Repeat the beginning of that question.
Mr. CoHN. In addition to your regular dental duty, did you ever
carry out any other assignment, extra duty, or anything else in connec-
tion with Army service on a part-time basis ?
Major Peress. I carried no assignment, but in the preliminary train-
ing at Fort Sam Houston it was not all dental work. I had to learn
hoAv to conduct medical battalions in the field and take over first-aid
duties.
212 HEARINGS ON SENATE RESOLUTION 301
Mr. CoHN. Did you ever sit on a board ?
Major Peress. I took regular duty when my turn came around, that
is, dental duty.
Mr. CoHN. You had no duty other than dental duty ?
Major Peress. That is right.
Mr. CoHN. While at Camp Kilmer, did you, in fact, recruit military
personnel into the Communist Party ?
Major Peress. I again claim the privilege.
The Chairman". Were you promoted after the Army had you in
and questioned you about your background ?
Major Peress. You mean in service?
The Chairman. I mean were you before the security officer, a board,
or your commanding officer and questioned about your background?
Major Peress. I was never before any board in the Army for ques-
tioning.
The Chairman. You say you were never before a board of inquiry
or questioned about your background by any officer of the Army ?
Major Peress. If this is what you mean, I was never before any
board of inquiry of one or more members.
Mr. CoHN. In August of 1953, that is August of this last summer,
were you asked any questions or given interrogatories concerning Com-
munist Party affiliations ?
Major Peress. Would you repeat whether you are asking about
orally or in writing?
Mr. CoHN. We will let it cover both. My question was, Were you
asked written or oral questions concerning Communist Party affilia-
tions?
Major Peress. Was I asked these questions ?
Mr. CoHN. In August of 1953 you were given interrogatories by the
Army which you refused to answer. Isn't that a fact ?
Major Peress. I answered them.
Mr. CoHN. You answered all of them ?
Major Peress. Yes.
Mr. CoHN. Did you ever refuse to answer interrogatories put to you
by the Army ?
Major Peress. What is the meaning of refuse? I was given an in-
terrogatory and I returned it.
Mr. CoHN. Did you answer every question on the interrogatory?
Major Peress. Yes ; or it would not have been accepted.
Mr. CoHN. I am talking about August 1953.
Major Peress. It would not have been accepted if I had not an-
swered all the questions.
Mr. CoHN. Did you give information in response to every question?
(Witness consults with counsel.)
Mr. CoHN. You were given an interrogatory by the Army in Aug-
ust 1953. You declined to answer certain of the questions on the basis
of the fifth amendment. That is a matter of public record, isn't it?
Major Peress. That is right.
Mr. CoHN. How many questions did you decline to answer on the
basis of the fifth amendment ?
Major Peress. (No answer.)
Mr. CoHN. Is this a fair statement? Let me see if I can save time.
You refused to answer, under the fifth amendment, any questions deal-
ing with Communist affiliations or associations.
HEARINGS ON SENATE RESOLUTION 301 213
Major Peress. If I may see the interrogatory, I can answer that
question.
The Chairman. Answer the question.
Major Peress. Well, do you have a record on it ?
The Chairman. Answer the question.
Major Peress. I claim the privilege.
The Chairman. You are ordered to answer.
Major Peress. I have no privilege on this question?
The Chairman. You are ordered to answer the question. You can
consult with counsel if you like. The question is. On this applica-
tion, did you refuse to answer questions relating to Communist Party
affiliations?
Major Peress. If you will repeat the specific questions on the in-
terrogatory to me
The Chairman. You are ordered to answer counsel's question.
Major Peress. I claim the privilege on the questions that were pre-
sented to me on the interrogatory.
The Chairman. Have the record show that the witness was ordered
to answer counsel's question. In view of the fact that it is a matter
of public record, there is no privilege. After the chairman ordered
him to answer, the witness persisted in refusing to answer.
Mr. Faulkner. He did answer the question, Mr. Senator.
Major Peress. I answered the questions on the interrogatory they
refer to by claiming the fifth amendment.
The Chairman. With reference to those questions on the interroga-
tory, you answered them to the Army by claiming the fifth amend-
ment?
Major Peress. That is right.
The Chairman. In what connection was the interrogatory filled
out? Was it in connection with a loyalty investigation or a promo-
tional investigation?
Major Peress. There was no discussion by the colonel who gave
them to me.
Mr. CoHN. Who was that?
Major Peress. He was in the G-2 office. I don't recall his name. It
was a short name. Smith or something like that. It might have been
Smith. ^
Mr. CoHN. Did you hear anything further from this colonel after
you filled out the interrogatory ?
Major Peress. They gave them to me 1 day and I filled them out
and gave them back the next day.
The Chairman. You heard nothing from him after that — after
you refused to answer ?
Major Peress. After I resubmitted the interrogatory with the ques-
tions answered in writing, I never heard from him again.
The Chairman. After you refused to answer questions concerning
Communist Party affiliations, claiming the fifth amendment, in this
questionnaire, you heard nothing more about the matter from any
Army officials and you were subsequently promoted; is that correct?
Major Peress. That is correct.
The Chairman. Did any Communists aid you in getting this promo-
tion?
Major Peress. I again claim the privilege, but I will tell you how the
promotion was effected if you want to know.
214 HEARINGS ON SENATE RESOLUTION 301
The Chairman. Do you know any Communist in the military
today ?
Major Peress. I again claim the privilege.
The Chaikman. How much of your salary, if any, do you contribute
to the Communist Party ?
Major Peress. I again claim the privilege for the same reason.
The Chairman. Did you attend a Communist Party meeting within
the last week ?
Major Peress. I again claim the privilege.
The Chairman. Have you attempted to recruit soldiers into the
Communist Party in the last week?
Major Peress. I again claim the privilege.
The Chairman. Is there a Communist cell at Camp Kilmer of which
you are a member ?
Major Peress. I again claim the privilege.
The Chairman. Did you not organize a Communist cell at Camp
Kilmer?
Major Peress. I again claim the privilege.
The Chairman. Do you think Communists should be commissioned
in our military?
Major Peress. I again claim the privilege.
The Chairman. You are not entitled to any privilege on that ques-
tion. You are ordered to answer.
Major Peress. Do 1 think Communists should be commissioned in
the Array, I haven't thought about it. I don't feel one way or the
other.
The Chairman. Do you think if the Army finds out you are an or-
ganizer for the Communist Party, organizing a cell, soliciting soldiers
in the party, they should oust you from the Army or leave you in or
do you have any opinion on that?
Major Peress. I feel I haven't any opinion ; that that is a policy for
the Army to say.
Mr. Cohn. 1 meant to ask this. Is the psychiatric treatment of your
wife and daughter continuing up to the present time?
Major Peress. Yes.
Mr. Cohn. Continuing steadily without interruption?
]\fajor Peress. Yes, sir.
Mr. Cohn. What is the name of the doctor who gives that psychi-
atric treatment ? Do you recall that ?
Major Peress. I am not sure. I know it is connected with NYU.
There is a clinic at NYU. I don't know if it is affiliated with NYU.
The Chairman. You don't know the name of the doctor who has
been treating your wife a year or two.
Major Peress. There has been more than one physician involved.
The Chairman. What was the name of the first one you knew ?
Major Peress. I am not sure.
The Chairman. You are not sure. You are not sure of the name
of any doctor or psychiatrist who treated your wife for an ailment
so serious ?
Major Peress. Dr. Schecter was involved. I think he is treating
my daughter, and Dr. Gerwin, who, I think, is treating my wife, or
the other way around. One is treating my wife and the other my
daughter.
HEARINGS ON SENATE RESOLUTION 301 215
The Chairman. Now, when was the last treatment for either your
wife or daughter ?
Major Peress. Tuesday and Friday they go.
The Chairman. And what doctor was treating your wife and
daughter at the time you received this change of orders?
Major Peress. It is a German name. I don't recall.
The Chairman. Wliere is his office ?
Major Peress. It is in the midwest Manhattan section, and I be-
lieve in the eighties.
The Chairman. How long before the application for change of
orders was your wife and daughter being treated for this psychiatric
ailment ?
Major Peress. I couldn't say for sure. My wife, I believe, had been
seeing this doctor for a year or 2 years.
The Chairman. How long had your daughter been taking treat-
ments ?
Major Peress. It may have been at the age of 4 or 3i^ or 41/2-
The Chairman. You say you refuse to tell us whether or not a
Communist helped to get this change of orders ?
Major Peress. Under the privilege.
The Chairman. You will be ordered to appear in Washington, in
room 357, Senate Office Building, on the 16th of February.
(The chief counsel consults with the chairman.)
We will change that place and date to the 18th of February in New
York City, in this courthouse. Now, I don't know what room here it
will be. Counsel will notify your lawyer what room, and make that
10 : 30 in the morning, unless your counsel is notified of a different time.
Mr. Faulkner. Will that be executive session ?
The Chairman. That will be public session.
Mr. Faulkner. I think the record should show the witness appeared
here voluntarily without subpena. Will he be subpenaed ?
The Chairman. He is ordered now.
Mr. Cohn. You understand if a man is notified to appear before a
congressional committee and given sufficient time, regardless of
whether he is notified by telephone, telegram, or formal subpena, that
is a subpena. Now, if you prefer — sometimes counsel prefers subpena.
Mr. Faulkner. That is what I am coming to. The witness, being
in the Armed Forces, I think a subpena
Mr. CoHN. We will be glad to do tliat.
The Chairman. Now, Counsel, the committee would like to look at
the correspondence of the witness relating to military service and
various assignments he had. I assume he has that with him.
Mr. CoiiN. We just want to look at it. We will return it. We will
have a copy made if we need it.
Mr. Faulkner. This has been turned over to me as counsel, and as
his counsel I am not prepared to turn it over. It is confidential.
Mr. CoHN. He can't make it a confidential privilege merely because
he turns it over to you. If it is under his control and in his possession,
he has to produce it. This is clearly under his control.
Mr. Faulkner. On the other hand, I don't see why he should have
any objection to that. Everything we have here you have a copy of in
the files. These are just copies of letters going back to 1940, if you are
interested in 1940.
216 HEARINGS ON SENATE RESOLUTION 301
Mr. CoHN. All we will do is have an investigator look through it.
Why don't you stay there with them to see that nothing is removed.
If anything is of sufficient importance, arrangements will be made with
you to have it photostated, so you will be sure to have it back.
Major Peress. These forms I filled out when I entered service, that
I believe is confidential between me and the Army.
The Chairman. There is nothing confidential between a member
of the Communist Party and the Army when the committee is
investigating.
Major Peress. I just made copies of them.
The Chairman. Anything in the hands of the Communist Party is
no longer confidential, because being in the Communist Party, if tney
tell you to turn things over to the Communist Party, you know you are
bound to do it, so we don't give the Communist Party any special
privilege before this committee. The witness is ordered to turn the
papers over to counsel.
In case any questions arise, have the record show that the major has
the material in his hands and will turn it over to his lawyer and he will
produce it.
You haven't been asked to resign, have you?
Major Peress. Yes, I have.
The Chairman. Who asked you ?
Major Peress. Colonel Moore. I am not sure of that name. It
might be some other name.
The Chairman. Did you refuse to resign ?
Major Peress. No, I accepted the request. I have a day of termina-
tion.
The Chairman. Wliat date are you due to resign ?
Major Peress. It is no later than the 31st of March, but I can move
it up if I so desire.
The Chairman. You are being given an honorable discharge?
Major Peress. I haven't been given — —
The Chairman. So far as you know, you are being allowed to resign
with no reflection on your record ?
Major Peress. There was no discussion of that.
The Chairman. Why were you asked to resign ?
Major Peress. They wouldn't tell me the reason.
The Chairman. Did you ever refuse to resign ?
Major Peress. No, I was never requested to before.
The Chairman. When were you requested to resign?
Major Peress. A week ago today.
The Chairman. In other words, you were asked to resign after you
were ordered to appear before this committee ?
Major Peress. I was ordered to come before this committee yester-
day morning.
Mr. CoHN. That was the first time you had ever been asked to
resign ?
Major Peress. The first time was a week ago this morning at 11
o'clock.
The Chairman. O. K., you may step down.
(l^^iereupon, the hearing adjourned at 11 : 30 a. m.)
HEARINGS ON SENATE RESOLUTION 301 217
AFTERNOON SESSION
The Chairman. Will you raise your right hand? In this matter
now in hearing before this committee, do you solemnly swear to tell
the truth, the whole truth, and nothing but the truth, so help you God ?
Mr. Peress. I do.
TESTIMONY OF IRVING PEKESS (ACCOMPANIED BY HIS COUNSEL,
STANLEY FAULKNER, NEW YORK CITY)
The Chairman. You said you were not a major. When did you
last have the rank of major?
Mr. Peress. I would like, if possible, to make a statement before
testifying before the committee. I have a brief statement I would
like to make. I will answer the question. I stopped being a major
February 2, 1954.
The Chairman. February 2, 1954?
Mr. Peress. May I read a statement before the committee?
The Chairman. If you have a statement your attorney is aware of
the rules of the committee. The statement must be submitted 24 hours
in advance. In other words, if you will hand the statement up, we
will glance at it and see whether you can read it. If it is pertinent to
the hearing, you will be allowed to read it.
(Document handed to chairman.)
The Chairman. You may read it. Is this an extra copy ?
Mr. Peress. Yes.
I have been subpenaed to appear before this committee presumably
to answer certain questions concerning my political beliefs, both past
and present. So that there may be no mistake about my position in
this regard, I shall decline to answer any such questions under the
protection of the fifth amendment to our Constitution.
The Chairman. May I interrupt you there? You are not being
subpenaed to answer in regard to your political beliefs. You are here
to answer in regard to the part you played while an officer in the
United States Army in the conspiracy designed to destroy this Nation.
That is what you are being called about. You are not being asked
about any of your political beliefs. You will not be asked about any
political beliefs.
You may proceed.
Mr. Peress. From my earliest schooling I have been taught that the
United States Constitution is the highest law of our land and that one
of the strongest provisions is the protection afforded to all persons of
the privilege under the fifth amendment. My education has also
taught me that anyone, even a United States Senator, who would deny
this constitutional protection to any individual or who under his cloak
of his immunity would draw inferences therefrom, and publicly an-
nounce such inferences, is subversive. I use that word advisedly. By
subversive I mean anyone who would undermine the strength of the
Constitution and thereby weaken our democratic form of government.
"When I appeared before you, Senator McCarthy, on January 30, 1954,
at an executive session of your committee, you, acting as a committee
of one, made certain charges concerning my promotion in rank and
pending honorable discharge. Just to make the record clear, I was
promoted and honorably discharged under Public Law 84 of the 83d
218 HEARINGS ON SENATE RESOLUTION 301
Congress, wliicli incidentally was passed when you, Senator McCarthy,
were a Member of the Senate. In recognition of my honest and faith-
ful service to my coimtry I was awarded an honorable discharge on
February 2, 1954. In the period of my service, no one either within
or witliout found it necessary to question my loyalty.
Another bit of schooling which I had as a Jew^ was a study of the
Old Testament, which I highly recommend to you, Senator, and your
counsel, and i:)articularly Book 7 of the Psalms, which reads :
His mischief shall return upon his own head and his violence shall come down
upon his own pate.
The Chairman. Major, you just heard a policewoman for the city
of New York testify that you attended a Communist leadership school.
Is that testimony on her part true or false?
Mr. Peress. I must decline to answer that question. Senator, under
the protection of the fifth amendment on tlie ground that it might tend
to incriminate me. I would also like to say. Senator, that I am not a
major. The title is "Dr. Peress," not "Major Peress."
Tlie Chairman. Let me make this very clear: You have been ac-
cused. Major, of the most dishonest, the worst conduct that anyone in
the Army can be guilty of. You have been accused under oath of
being a member of a conspiracy designed to destroy this Nation by
force and violence. You are here this morning, you are given an op-
portunity under oath, to tell us whether or not those charges are true
or false. If you are a part of this treasonous conspiracy, if you have
attended leadership schools of the Communist conspiracy, obviously
3'ou will take the protection of the fifth amendment. If you are inno-
cent, you will tell us that. Now, let me ask you this question: Is it
true that as of this moment and during all the time that you were an
officer in the United States Army, you were an active member of the
Communist conspiracy ?
(The witness conferred with his counsel.)
The Chairman. At the time you received your commission in the
Army, were you a section organizer for the Communist conspiracy?
(The witness conferred with his counsel.)
Mr. Peress. I claim the privilege.
The Chairman. What privilege?
Mr. Peress. The privilege to decline to answer under the fifth
amendment.
The Chairman. On the ground of self-incrimination?
Mr. Peress, On the ground that it might tend to incriminate me.
The Chairman. At the time you were promoted from captain to
major, were you then an active, knowing member of the Communist
conspiracy?
Mr. Peress. I claim the privilege.
The Chairman. You will have to tell us each time under what
privilege.
Mr. Peress. I must decline to answer that question under the pro-
tection of the fifth amendment on the ground that it might tend to
incriminate me.
The Chairman. All right.
Did you hold Conmiunist meetings in your home while you were
an officer in the United States Army ?
Mr. Peress. I claim the first amendment on the gi"Ound that it
might tend to incriminate me.
HEARINGS ON SENATE RESOLUTION 301 219
The Chairman. Who signed your honorable discharge?
Mr. Peress. John J. McManus, major, Infantry.
The Chairman. Is that your discharge?
Mr. Peress. That is a photostat of it.
The Chairman. Will you hand it up?
(Document handed to the chairman.)
The Chairman. Where is John J. McManus located ?
Mr. Peress. I have no idea.
The Chairman. Who notified you that you would receive an honor-
able discharge?
Mr. Peress. I don't believe I was officially notified. It was just
tendered to me when I left.
The Chairman. It was handed to you ?
Mr. Peress. Yes ; as part of my records.
The Chairman. Let's have the record show that this is signed
February 2, 1954. This was handed to you on what date ?
Mr. Peress. February 2, 1954.
The Chairman. Let us have the record show that this was signed
and handed to this fifth amendment Communist, Major Peress, after I
had written the Secretary of the Army suggesting that he be court-
martialed, suggesting that everyone having anything to do with his
promotion, with his change of orders, be court-martialed. I did that
feeling that this would be one way to notify all the officers in the
Army and all the enlisted men, that there has been a new day in the
Army, that the 20 years of treason have ended, and that no officer in
the Army can protect traitors, can protect Communists. I want the
record to show this was given to you after that letter had been made
public, before the Secretary of the Army, Kobert Stevens, returned
to the United States. I ask, Mr. Adams, where is John J. McManus
now?
Mr. John Adams (legal counsel to Department of the Army, Wash-
ington, D. C). I don't know, Mr. Chairman. I presume he is an
officer in headquarters. First Army.
The Chairman. AVill we have to subpena him, or will he be pro-
duced ?
Mr. Adams. He will be produced.
The Chairman. Good. We will want him in executive session this
afternoon, unless he feels that he needs additional time to get a lawyer
to represent him. If he wants additional time, we will give him any
time that is within reason that he wants. If he doesn't need time to
get a lawyer, I want him here this afternoon at 2 : 30 o'clock, in ex-
ecutive session.
Have you met John J. McManus ?
Mr. Peress. Not to my knowledge.
The Chairman. Who handed you this honorable discharge ?
^ Mr. Peress. I am not sure. I think it was a sergeant at the separa-
tion center. I don't know — or it could have been a warrant officer.
The Chairman. Who is the highest ranking officer with whom you
spoke after your appearance before the committee?
Mr. Peress. General Zwicker.
The Chairman. General Zwicker? "WHiat conversation did you
have with General Zwicker?
(The witness conferred with his counsel.)
Mr. Peress. Would you repeat that question, please ?
52461—54 15
220 HEARINGS ON SENATE RESOLUTION 301
The Chairman. Will the reporter read the question ?
(The reporter read from his notes as requested.)
Mr. Peress. I don't recall the exact word-for-word conversation. I
requested of General Zwicker, after the hearing before you on Janu-
ary 30, when I saw him on February 1, that an inquiry be made into
these charges, that the newspapers had lambasted me with on Sunday
and Monday.
The Chairman. Did you tell him whether or not you were a Com-
munist?
(The witness conferred with his counsel.)
Mr. Peress. I decline to answer that question on the grounds ■
The Chairman. You wanted an inquiry made as to whether or not
you are a Communist ; is that correct ?
(The witness conferred with his counsel.)
Mr. Peress. I wanted an inquiry of my conduct at Camp Kilmer.
The Chairman. Did you want the inquiry to include the question
of whether or not you had been holding Communist meetings at your
home, whether you had attended a Communist leadership school,
whether you had been recruiting military personnel there into the
Communist conspiracy? Did you want that included?
(The witness conferred with his counsel.)
Mr. Peress, I could not tell them what to inquire about, but I asked
for an inquiry of the charges generally. I didn't specify as to which
charges to inquire into and which not to inquire into.
The Chairman. Did you tell them whether or not you would tell
them the truth if they made such an inquiry ?
Mr. Peress. I told General Zwicker, as you asked me, that I would
like an inquiry into the charges. I didn't tell him anything further.
The Chairman. They made an inquiry in August, did they not?
They sent you a questionnaire. They came to the best witness they
could find on this, assuming a Communist is a good witness. They
asked you practically all the questions this committee has asked you.
They asked you about all of your alleged activities in this Com-
munist conspiracy. That was in the inquiry. Did you tell them
the truth at that time?
(The witness conferred with his counsel.)
Mr. Peress. I decline to answer that question on the grounds that
it might tend to incriminate me.
The Chairman. Did you answer the questions as to whether or not
you were a member of the Communist conspiracy at that time?
Mr. Peress. I decline to answer.
The Chairman. You will be ordered to answer. It is a matter of
public record. You cannot decline.
(The witness conferred with his counsel.)
Mr. Peress. If it is a matter of public record, then I decline to
answer.
The Chairman. You decline to answer? You decline to answer
that?
Mr. Peress. You said it is a matter of public record.
The Chairman. Are you declining to answer?
(The witness conferred with his counsel.)
Mr. Peress. Could you repeat the question, please ?
The Chairman. The reporter will read it.
(The reporter read from his notes as requested.)
HEARINGS ON SENATE RESOLUTION 301 221
Mr. Peress. I decline to answer that question.
The Chairman. Have the record show, so that there can be no claim
of lack of knowledge at a future legal proceeding
Mr. Peress. On the fifth amendment.
The Chairman. That the witness was asked whether or not he
answered an Army questionnaire, as to whether or not he was part
of the Communist conspiracy. He declined, invoking the fifth amend-
ment. The Chair ordered him to answer on the grounds that this
is an improper invocation of the fifth amendment. Have the record
show he still declines.
(The witness conferred with his counsel.)
Mr. CoHN. Mr. Chairman, in executive session this witness, after
you overruled his privilege, did answer this question and stated, "I
answered the questions on the interrogatory by claiming the fifth
amendment."
In other words, when the Army submitted interrogatories to this
witness in August he refused to answer to the Army the pertinent
questions on Communist activity, and claimed the fifth amendment
in the Army inquiry at that time.
The Chairman. Thank you. Counsel, for calling that to my atten-
tion. Have the record show that an additional ground for the
Chair's ordering him to answer is the fact that he has already waived
the fifth amendment privilege as to this area of investigation. Have
the record show that he still refuses to answer.
In November 1953, were you promoted to major?
Mr. Peress. Was I promoted to major in November of 1953?
The Chairman. Yes.
Mr. Peress. Yes.
The Chairman. Did anyone in the military, between August 1953
and January of 1954, ever ask you about any alleged Communist
Party activities on your part?
(The witness conferred with his counsel.)
Mr. Peress. Would you read that again, please?
(The reporter read from his notes as requested.)
Mr. Peress. I decline to answer that.
The Chairman. You are ordered to answer.
Mr. Peress. I decline on the grounds of the fifth amendment, that
the answer might tend to incriminate me.
The Chairman. After our hearing here in New York, I believe it
was about 2 weeks ago, I read a statement which you allegedly made to
the press, to the effect that the charges that you were a Communist
were false. Now, I know that you fifth amendment Communists sing
a different tune under oath. You can lie as much as you like when
you are not under oath. Do you want to tell us now whether or not
that statement to the press was a lie, or whether you were telling the
truth when you told the press you were not a Communist?
(The witness conferred with his counsel.)
Mr. Peress. I decline to answer that question on the grounds of the
fifth amendment, that the answer might tend to incriminate me.
The Chairman. You are entitled to the privilege. When you at-
tended Communist leadership school, were you, among other things,
taught the necessity of the destruction of our Constitution, including
the fifth amendment upon which you rely today ?
222 HEARINGS ON SENATE RESOLUTION 301
Mr. Peress. I decline to answer that question under the protection
of the fifth amendment to the Constitution on the ground that tlie
answer might tend to incriminate me.
The Chairman. Is it a fact, Mister, that you have attended Com-
munist schools, leadership schools, you spoke there, your wife spoke
there, you advocated the destruction of the Constitution, you advo-
cated the destruction of the very amendment behind which you so
cowardly hide today ? Is that not a fact ?
Mr, Peress. I decline to answer that question on the grounds that
the answer might tend to incriminate me.
The Chairman. You are entitled to decline .
I may say that if you were an officer in the Russian Army instead
of the United States Army, if you were charged with treason against
Communist Russia, you would not have any fifth amendment there,.
Mister. And you life insurance would be rather high.
(The witness conferred with his counsel.)
The Chairman. Mr. Cohn?
Mr. Cohn. Mr. Peress, were you, Avhen commissioned in January of j
1958, section organizer for the Communist Party in Queens County ?
Mr. Peress. I must decline to answer that question under the pro-
tection of the fifth amendment on the ground that it might tend to
incriminate me.
The Chairman. While you were in the Army, did you contribute a^
percentage of your pay to the Communist Party?
JNIr. Peress. I decline again on the same privilege.
Mr. Cohn. Did you attempt to recruit any military personnel into]
the Communist Party ?
Mr. Peress. I decline to answer; the same privilege.
The Chairman. Wil you speak a little louder, sir?
Mr, Peress. I decline to answer the question under the protections!
of the fifth amendment on the grounds that it might tend to incrim-
inate me. Shall I go through that whole sentence every time, Senator f\
The Chairman. If that is what you are relying upon, you will stat
the grounds for your refusal.
Mr. Cohn. Did you ask officers stationed with you to attend Com-
munist Party meetings with you?
Mr, Peress. I must decline to answer that question under the fifth
amendment.
Mr. Cohn. Did you make a contribution, through the Daily Worker,
to the defense fund for the indicted Communist leaders?
Mr. Peress. I decline to answer under the fifth amendment.
Mr. Cohn. I will hand you a copy of page 12 of the Daily Worker
for November 22, 1949, and direct your attention to an article entitled
"Dollars Keep Coming for Defense Fund." It concludes with a state-
ment from the Daily Worker — "To all of you wonderful people,
thanks, thanks a million." There is a short list of names, and on that
list of names is the name Irv Peress, Queens. I would like for you to
examine that and tell the committee whether or not you are the Trv
Peress of Queens who received this commendation from the Daily
Worker for a contribution to the Communist defense fund.
The Chairman. While he is examining that, may I have the record
show that Senator Potter is represented here by his very able assistant,
Robert Jones. Senator Dirksen is rej^resented by his equally able
assistant, Mr. Rainville. I want Mr. Rainville and Mr. Jones to know
HEARINGS ON SENATE RESOLUTION 301 223
that as the representatives of the two Senators, you have the same
right to ask questions which any Senator would have.
Mr. CoHN. Are you the Irving Peress who received the thanks of
the Daily Worker for this contribution to the Communist defense
fund?
Mr. Peress. I decline to answer on the grounds that it might tend
to incriminate me.
The Chairman. Will you speak a little louder ?
Mr. Peress. I decline to answer.
Mr. CoHN. Of course, Mr. Chairman-
Mr. Faulkner. Did you read into the record that this is dated
The Chairman. We will not hear from counsel. If you want any-
thing read into the record, Mr. Peress can read it in. We will not
hear from counsel. I may say, Mr. Counsel, that this rule was not
made for you. It was made by the committee and made unanimously.
We give the witness the right, which he would not have in a court, a
right to confer with counsel, at any time he cares to. Counsel can
coach him in his answers, which is a right he would not have in court.
We do not allow counsel to take part in the proceedings. The reason
for that is obvious. And I am not speaking about you, Mr. Counsel,
but I speak about the general situation. If we allowed Communist
lawyers to take part in a filibuster proceedings, we could never hold
an intelligible hearing. So if there is anything you want to say, you
will have to abide by the same rule, which is not directed against you
personally, but you will have to talk through your client.
Mr. Faulkner, May I say something on that, what you just referred
to. Senator?
The Chairman. No, I said we will not hear from counsel.
Mr. Faulkner. Not on this point. That is all.
The Chairman. I will not hear from counsel on any point. I did
not make the rule. We have 4 Republicans, 3 Democrats. We unani-
mously passed that rule. I must abide by that rule the same as you
must. If you have something to say, you can tell your client and he
will say it.
(The witness conferred with his counsel.)
Mr. CoHN. Mr. Chairman, as I indicated when this article was first
referred to, I read the date into the record, which was November 22,
1949, and I ask that this entire article and the page from the Daily
Worker be received into evidence. I might state that an examina-
tion of the article indicates that Irv Peress, of Queens, had sent in a
dollar contribution to the defense fund for the Communist leaders to
accompany an entry which he had made into a contest being run by
the Daily Worker at that period of time. All of that is set forth on
this page. I ask that that be received into evidence.
The Chairman. It will be received.
(The document referred to was marked "Exhibit No. 6" and may be
found in the files of the subcommittee.)
Mr. CoHN. I would call to your attention, Mr. Chairman, the fact
that this was obtained by the committee from a public record which,
of course, would have been available to the Army well before this man
was handed a commission. It was listed in the public files.
Now, referring to public files, Mr. Peress, did you take an ad in
the 15th anniversary edition of the Journal of the Abraham Lincoln
Brigade, which journal was sponsored by the Communist Party and
224 HEARINGS ON SENATE RESOLUTION 301
sent greetings to comrades on the celebration of the 15th anniversary
of the Abraham Lincohi Brigade ?
Mr. Peress. I decline to answer under the fifth amendment.
Mr. CoHN. Did you take an ad in the 10th anniversary, appearing
on the back page of the 10th anniversary edition of the Journal of the
Abraham Lincoln Brigade ?
Mr. Peress. I decline to answer under the fifth amendment.
Mr. CoHN. Have you been a subscriber to the Daily Worker for the
last 14 years ?
Mr. Peress. I decline to answer on the grounds that it might tend
to incriminate me.
Mr. CoHN. While you were a captain and a major in the Army, up
until this month, did you receive the Daily Worker ?
Mr. Peress. I decline to answer under the fifth amendment.
Mr. CoHN. Did you take the Daily Worker with you to your Army
assignment ?
Mr. Peress. I decline to answer under the fifth amendment.
Mr. CoHN. Did you show the Daily Worker to officers stationed
with you ?
(The witness conferred with his counsel.)
Mr. Peress. I decline to answer under the fifth amendment.
The Chairman. Mr. Jones?
Mr. Jones. Mr. Peress, when you became an officer of the Army of
the United States, I assume that you took the regular oath of office?
(The witness conferred with his counsel.)
Mr, Peress. Could I have the identification of who is question-
ing me ?
The Chairman. Will you try and speak up, sir ?
Mr. Peress. Could you identify the gentleman who is making the
inquiry ?
The Chairman. Mr. Robert Jones, administrative assistant to Sen-
ator Potter.
(The witness conferred with his counsel.)
Mr. Peress. Is he empowered by the Senate to question me ?
The Chairman. Answer the question.
Mr. Peress. The question is did I take the regular oath of office
when I was commissioned, first commissioned ?
Mr. Jones. Do you want to read the question back ?
(The reporter read from his notes as requested.)
Mr. Peress. Yes.
Mr. Jones. You did take the regular oath of office. In other words,
you did take the oath ?
Mr. Peress. I don't know what you mean by the regular oath.
Mr. Jones. The regular oath to uphold and defend the Constitution,
you took that oath, is that correct ?
Mr. Peress. That is right.
Mr. Jones. Did you ever refuse to take an oath ?
(The witness conferred with his counsel.)
Mr. Peress. An oath to uphold the Constitution?
Mr. Jones. Exactly. Did you ever refuse to take it ?
Mr. Peress. No.
The Chairman. May I have the record straight. Did you ever re-
fuse to sign any oath or affidavit for the Army ?
(The witness conferred with his coimsel.)
HEARINGS ON SENATE RESOLUTION 301 225
Mr. Peress. None that I can recall.
Mr. Jones. Now, Mr. Peress, when you took the oath to uphold and
defend the Constitution, were you a member of the Communist Party
at that time ?
Mr. Peress. I decline to answer that question on the fifth amend-
ment, on the grounds that it might tend to incriminate me.
Mr. Jones. Would you while an officer of the Army of the United
States having taken the oath to defend the Constitution, oppose any
group that advocates the violent overthrow of the Government?
(The witness conferred with his counsel.)
Mr. Peress. I would defend and uphold the Constitution of the
United States, as taken in the oath.
Mr. Jones. That isn't answering the question. In other words,
you took the oath to uphold and defend the Constitution of the United
States. Having taken that oath, would you then oppose any group
that advocates the overthrow of this Government ?
(The witness conferred with his counsel.)
Mr. Peress. I would oppose any group that would seek to overthrow
the
Mr. Jones. In other words, you would oppose the Communist Party ?
Mr. Peress. You are answering for me? I would oppose, as my
oath states, any group that would seek to overthrow the United States
Government by force and violence and unconstitutional means.
Mr. Jones. In other words, then, you would oppose the Communist
Party?
Mr. Peress. Is that a question or a statement ?
Mr. Jones. I am asking you. Would you oppose the Communist
Party?
Mr. Peress. I decline to answer that question on the grounds that
it might tend to incriminate me.
The Chairman. Mr. Peress, at the time you attended Communist
leadership schools, were you not taught the necessity of the overthrow
of this Government by force and violence ?
Mr. Peress. I decline to answer under the fifth amendment.
The Chairman. The witness will be ordered to answer the question
on the grounds that he has waived the fifth amendment privilege by
his answer to the previous question.
Mr. Peress. I decline to answer on the grounds that it might tend
to incriminate me.
The Chairman. Just so that counsel and the witness will be fully
informed, the Chair takes the position that where you answer a ques-
tion, you have waived the fifth amendment privilege as to that entire
area of investigation. I have asked the Attorney General for an
opinion upon that matter. If the Attorney General sustains the view
of the committee, then we will heavily decimate the ranks of the
Communist conspiracy by way of contempt actions, and convictions,
against Communists like you, Major. If the Attorney General ren-
ders a favorable opinion, we intend to ask for a contempt citation
against every Communist who comes here and, by answering certain
questions, waives the fifth amendment, and then tries to invoke the
fifth amendment in the same area of investigation.
I tell you that so that you cannot plead ignorance at some future
legal proceeding.
I assume you still refuse to answer ?
226 HEARINGS ON SENATE RESOLUTION 301
Mr. Peress. I do.
The Chairman. Is that correct?
Mr. Peress. I decline to answer under the fifth amendment.
The Ch.vjrman. I am going to hand you an exhibit — do you want to
mark this?
Mr. CoHN. Exhibit 7, Senator.
(The document referred to was marked "Exhibit No. 7," and may
be found in the files of the subcommittee.)
The Chairman. I am going to hand you exhibit 7, and ask you if
this is the oath you signed, either at the time you got your commission
or about that time ?
(Document handed to the witness.)
Mr. Peress. I decline to identify this paper under the grounds that
it might tend to incriminate me.
The Chairman. The witness will be ordered to identify it.
(The witness conferred with his counsel.)
Mr. Peress. This is a blank paper, and I would have to decline to
ansAver on the identification of it.
The Chairman. Is that the type of oath you signed?
Mr. Peress. I couldn't recall. I would have to decline to answer.
I would have to see the papers I signed.
The Chairman. You are declining because you cannot recall?
Mr. Peress. No. I decline to answer on the grounds of the fifth
amendment, that it might
The Chairman. Would you read that oath? Read it out loud so
I can hear it.
(The witness conferred with his counsel.)
Mr. Peress. I decline to read the oath.
The Chairman. You will be ordered to read it to refresh your rec-
ollection so that you may be able to answer the question.
(The witness conferred with his counsel.)
Mr. Peress. I decline to acknowledge that I have seen this state-
ment before or signed such a paper, on the grounds that it might tend
to incriminate me.
Tlie Chairman. You will be ordered to read it.
Mr. Peress. I decline to read it.
The Chairman. Hand that back to me, please.
(Document handed to the chairman.)
Mr. Jones. Mr. Peress, you have already stated that you took the
oath to uphold the Constitution when you Avere connnissioned a cap-
tain; is that correct?
(The Avitness conferred with his counsel.)
Mr. Peress. To my recollection, on getting my commission as a cap-
tain I Avas sent a number of forms, and I signed them and sent them
back. There Avas no official SAvearing-in ceremony.
Mr. Jones. You just said a fcAv minutes ago that you took the oath
to u])hold the Constitution. That is in the official record.
(The Avitness conferred with his counsel.)
Mr. Peress. If the oath Avas in there, I took the oath.
(The witness conferred with his counsel.)
Mr. Jones. Mr. Peress, Avill you please examine this statement?
The Chairman. Those Avill be made exhibits 8 and 9.
(The documents referred to Avere marked "Exhibits Nos. 8 and 9,"
and may be found in the files of the subcommittee.)
HEARINGS ON SENATE RESOLUTION 301 227
(Documents handed to the witness.)
(The witness conferred with his counsel.)
The Chairman. While the witness is examining that, may I ask a
question of Mr. Adams, the legal counsel for the Army ?
The information we have is that this man signed affidavits as to
nonmembership in the Communist Party and subversive groups. Is
it the position of the Army that by the honorable discharge which
he received after he was before the committee, that he had been re-
moved from the court-martial jurisdiction of the Army; or does the
Army take the position they have jurisdiction to court-martial this
fifth-amendment Communist for false swearing, of which he is ob-
viously guilty?
Mr, John Adams (legal counsel to the Department of the Army,
"Washington, D. C). I am not quite sure that I know the question.
The Chairman. The question is — you are the legal counsel for the
Army, and I assumed you discussed this. I know you are aware of
the fact that I have been discussing it now since he got the honorable
discharge. The question is, Has he been removed from the court-
martial jurisdiction of the Army, or does the Army take the position
that even though he received his honorable discharge, he can still be
court-martialed for false swearing or any other crime of which he is
guilty ?
Mr. Adams. Mr. Chairman, a separation such as Major Peress re-
ceived on February 2 is a final action. Under the Uniform Code of
Military Justice, there is a section in the law which permits the Army
to court-martial an individual for offenses which call for penalties in
excess of 5 years, provided the offenses are known.
I submitted the questions raised by 3-our letter to the Judge Advo-
cate General of the Army, who has the responsibility, by statute, in
the Army for military justice, and he gave me an opinion that prob-
ably a court-martial against the individual could not be sustained on
the facts now before the Army.
The Chairman. In other words, on the grounds that this would not
call for a penalty in excess of 5 years, he has been removed from the
jurisdiction of the Army?
Mr. Adams. He has been removed from the jurisdiction of the Army,
and the Army is not aware of any offenses which have been brought
officially to its attention under which he could be tried.
The Chairman. You sav the Army is not aware of any offenses,
Mr. Adams ? " ^
Mr. Adams. That is correct, sir.
The Chairman. I do not pretend to cross-examine the legal counsel
for the Army. You are here as a guest of the committee. But this
matter disturbs me very greatly. I have heard that statement before.
You have the evidence, the sworn testimony, that this man was part
of the Communist conspiracy. You have that from a policewoman
of the city of New York. It has been available to the Army for years,
ever since she has been filing her reports. You have the information
that he took a false oath when he swore that he was not a member of
the Communist Party. You have his refusal to answer questions
before a Senate committee. His refusal to answer questions by the
Army would certainly constitute conduct unbecoming to an officer.
I do not think you want the record to stand, John, as saying that
you were not aware of any offense. You said that was not brought
228 HEARmGS ON SENATE RESOLUTION 301
officially to your attention. May I say that you were here in an official
capacity. Everything that this committee develops, including what
we develop in an executive session, is your official knowledge.
As I say, I do not want to put you on the stand here and cross-exam-
ine you, but I am just curious about this fantastic procedure where we
have this man before us, and we invited the legal counsel for the Army
to sit in, listen to all of his testimony. He refused to answer, invoking
the fifth amendment. I wrote to the Secretary of the Army and asked
for his court martial. Before Secretary Stevens could get back to
the United States, somebody in the Army — and I cannot conceive they
were acting in good faith — gave him a hurry-up honorable discharge^
My letter was made public on Monday, February 1 ; and Tuesday morn-
ing, February 2, this man — about whom you have so much testimony
about organizing Communist cells, holding Communist meetings in
his home, attencling Communist leadership schools, his refusal to
answer — was given an honorable discharge.
As you know, John, every Senator receives dozens of letters every
month from young men who have good reasons for not wanting to
serve. They want honorable discharges. If this is the pattern that
is to be followed, if all you need to do is to join the conspiracy against
this Nation to receive the stamp of honor from your country, get an
honorable discharge, then the Communist Party perhaps should go out
and recruit all the — well, although I do not think they would have
much success, go out and try to recruit the young men who would like
to get out of the Army.
I am going to ask you this, but I am not going to ask you to answer
it now : I am going to ask that you give us the names of every officer,
every member of the military personnel or any civilian who had any-
thing to do with this man's promotion, knowing that he was a Com-
munist ; anything to do with his change of orders, knowing that he was
a Communist ; anything to do with his honorable discharge, knowing
he was a Communist, knowing I have suggested a court martial for
him.
I am curious to know whether or not that information will be forth-
coming without a subpena. If not, this is something which will not
be allowed to drop. I want to assure everyone concerned, if it is
humanly possible I intend to get to the bottom of it.
I think here you have the key to the deliberate Communist infiltra-
tion of our Armed Forces, the most dangerous thing. And the men
responsible for the honorable discharge of a Communist are just as
guilty as the man who belongs to the conspiracy himself.
So may I ask you, will the information be forthcoming without
subpena ? If not, I intend to take this right to the very limit to get
the names of all of those individuals, John. If you are not in a posi-
tion to answer that today, I want to know when you can answer it.
Mr. Adams. Mr. Chairman, the Secretary has given you a letter,
which you received yesterday, which discussed the facts of this case
as he now knows them. He is investigating to determine such addi-
tional facts as he can.
If there can be developed any indication of conspiracy of a sub-
versive nature with reference to the handling of this or any other
officer assignments, those matters will be prosecuted by the Army.
The Chairman. John, I will not take any double-talk, any evasion
on this. Either the Army is going to give me the names of the indi-
HEARINGS ON SENATE RESOLUTION 301 229
viduals responsible for coddling and honorably discharging a known
Communist — not only a run-of-the-mill but an important member
of the Communist conspiracy — or the Army is going to refuse.
I may say now, for the benefit of everyone concerned, if the Army
refuses, I intend to take this to the floor of the Senate, and I intend
to try to have cited for contempt any man in the military — and I do
not care whether he is a civilian or an officer — who tries to cover up
those responsible for this most shameful, most f antatistic situation.
If you cannot answer that today, I would like to know when I can
get the answer. It is a simple decision. I want to know whether or
not there is a new day in the Army or not. I have a lot of respect for
Secretary Stevens, and I received a letter which I cannot conceive of
Secretary Stevens having himself written. He may have.
Complete double-talk does not answer any of our questions. We
are not going to take this, John, in this case. We are going to make
an example here and see if we cannot set the pattern for a cleanout
of those who have been invited into the military.
If the new Secretary wants to do that himself, very good. I tliink
he will. But I will want to know within 24 hours whether or not the
Army is going to give us the names of those whom I just indicated.
We will ask for that information by tomorrow night.
If that period of time you think is unreasonable, we will give you
additional time. I will be in Albany holding hearings tomorrow,,
and I will want to get that information there.
Mr. Peress, just 1 or 2 more questions. Wliile you were an officer
in the Army, did you ever have access to any decoding or encoding
machines ?
(The witness conferred with his counsel.)
Mr. Peress. No.
The Chairman. Were you ever O. D.? Were you ever officer of
the day ?
(The witness conferred with his counsel.)
Mr. Peress. Yes.
The Chairman. How often did you serve as officer of the day?
Mr. Peress. Dental O. D. That just covers the dental clinic for
emergency treatment that may come up. There is no administrative
responsibility. It is just to take care of emergency dental situations.
I was O. D. in rotation. It came up depending on the number of
dental officers. If we had 20 dentat officers, it was every 3 weeks.
Wlien we were down lower, it would come around more frequently.
The Chairman. Your testimony is, then, that during all the time
you were in the military, you never had access to any encoding or
decoding machines?
Mr. Peress. I don't even know what they are.
The Chairman. You say you don't know what they are?
Mr. Peress. I have never seen such a machine.
The Chairman. Do you know what an encoding machine is?
Mr. Peress. No.
The Chairman. You don't know what is meant by an encoding
machine ?
Mr. Peress. No, I don't.
The Chairman. Do you know what is meant by a decoding
machine ?
Mr. Peress. That I can figure out.
230 HEARINGS ON SENATE RESOLUTION 301
The Chairman. You can figure that out.
Did you ever see any messages, either before or after they were
decoded, either while you were an officer of the day or otherwise?
(The witness conferred with his counsel.)
Mr. Peress. Unless you mean my orders to take a leave of absence
or to take part of my annual leave. I don't know if that is a coded
or decoded message. I thought it was mimeographed.
The Chairman. I think you know what I mean. I am just trying
to get the facts.
Is it your testimony that, as far as you know, other than routine
orders, change of station, leave orders, other than orders of that kind
you never saw any material, either before or after it was decoded? I
have special reference to the times when you served as O. D.
(The witness conferred with his counsel.)
Mr. Peress. There is just a dental O. D, form, the name of the
patient, serial number, and what you did for him. That is the only
official printed material that you handle on O. D.
The Chairman. General Zwicker, may I ask you a question. You
can stay right there.
Whenever I served as O. D. — and I think this has been general prac-
tice in the Marine Corps, the Navy, and the Army — you normally had
access to the encoding and decoding machines. Ordinarily an officer
of the rank of major or above must take his stint at encoding or
decoding.
Could you tell me whether or not that has been the practice at Camp
Kilmer?
Brig. Gen. Ralph Zwicker (commanding officer, Camp Kilmer,
N. J.). It is not.
The Chairman. In other words, so far as you know, this individual
never had access to any confidential or secret material ?
General Zwicker. He did not.
The Chairman. Your answer is what?
General Zwicker. He did not.
The Chairman. Just one other question. General. I did not intend
to impose upon you this morning.
His Army file contains reference to his being considered for — and
I think I am quoting it correctly — sensitive work in May of 1953.
Would you have any idea what that sensitive work was? If you do
not know, we will show you the file to refresh your recollection. The
file shows that in May, that is, after it was fully known that he was a
Communist, the file shows that he was considered for sensitive work.
The file does not show whether he was rejected or not. Just offliand,
you wouldn't know what that sensitive work would be?
General Zwicker. I do not.
The Chairman. I wonder if you can do this: You are appearing
this afternoon in executive session. I would like to have you here to
listen to all of this testimony. If you have an aide with you, I wonder
if you could have somebody call Camp Kilmer and find out just what
the sensitive work was that he was being considered for.
Mr. Peress. I might be able to help you on that.
General Zwicker. Even if I did know, I would not be privileged to
tell you, under the Executive order which forbids us to discuss matters
of that nature.
HEARINGS ON SENATE RESOLUTION 301 231
The Chairman. I may say, General, you will be in difficulty if you
refuse to tell us what sensitive work a Communist was being consid-
ered for. There is no Executive order for the purpose of protecting
Communists. I want to tell you right now, you will be asked that
question this afternoon. You will be ordered to make available that
information.
Mr. Peress. I think I might know the answer to that, though I never
heard about it. May I answer?
The Chairman. You may.
Mr. Peress. Apparently I was considered the best dentist at the
post there, and they needed an extra prosthodontist. And where I was
doing general dentistry, which is filling and routine dentistry, they
needed another man to help the prosthodontist.
In approximately May 1953, 1 was unofficially promoted to the pros-
thetic section, where I worked through August; and then, because
there was a falling off in operative work, I was put back to doing
operative work, because of the production there. The records will
show that my production in operative was also the greatest in the
clinic.
The Chairman. Let us return to the questions.
Mr. Peress. This referred to a change of M. O. S., they called it.
The Chairman. We are dealing, not with sensitive nerves in the
teeth ; we are dealing with a security matter, I asked whether or not
the general knew what sensitive security work you were being con-
sidered for. You say that had to do with the teeth.
Mr. Peress, Well, it was approximately May 1953, that the colonel
called me down and said that they had been considering me — not
a promotion in rank, but a promotion in work — to go up to prosthetics
and work there. It is my own opinion that I was very good.
The Chairman. Mr. Peress, the record shows that you signed a
document identical to exhibit 9, which I will show you. You signed
that under oath, certifying nonmembership in subversive organiza-
tions, naming the organizations
Mr, Peress. I decline to answer that question.
The Chairman, Let me finish before you decline.
When you signed that, were you falsely swearing, or were you
telling the truth '?
(The witness conferred with his counsel.)
Mr, Peress. I decline to answer that question under the fifth
amendment.
The Chairman. You are entitled to decline.
Mr, Rainville. I am Harold Rainville, from Senator Dirksen's
office. While the Senator is seeking certain material which he wants
to question you on, may I just develop one thing which I think has
been overlooked here.
Did you ever serve overseas?
(The witness conferred with his counsel,)
Mr. Peress. No,
Mr, Rainville, Were you ever ordered to go overseas ?
Mr. Peress, Yes,
Mr. Rainville. Were your orders then changed ?
Mr. Peress. Yes,
Mr, Rainville. Do you know why they were changed ?
Mr. Peress. I can only surmise. I was given no official reason.
■232 HEARINGS ON SENATE RESOLUTION 301
I Mr. Rainville. Were you ever interrogated after the change, any
discussion as to your future assignment ?
Mr. Peress. i had orders to go to Fort Lewis and to proceed from
there to Yokohama, Japan. I got to Fort Lewis, and I got in touch
with the Red Cross. They secured an emergency leave for me. I had
compassionate reasons to request a reassignment. Tliere are Army
regulations under the title of "Compassionate Reassignment."
The Red Cross got — after investigating the case — got the time for
me, and through channels I was reassigned to Camp Kilmer.
Mr. Rainville. Do you mind telling us what the emergency was?
(The witness conferred with his counsel.)
Mr. Peress. Well, as you know, sir, they are part of the record, and
I do mind telling you, because I don't feel it is integral to the investi-
gation that you are carrying on now, the reasons for it. But they
are part of the official records.
Mr. Rainville. Well, if I am correct in my information, it was
because your 6-year-old daughter needed psychiatric treatment ; is that
right?
Mr. Peress. She was undergoing it at the time. That was one of
the reasons.
Mr. Rainville. Did you get any aid in receiving that cancellation
of your embarkation orders, other than the Red Cross ?
(The witness conferred with his counsel.)
Mr. Peress. Could you be more specific about that, sir ?
Mr. Rainville. Let me be a little bit explanatory. We in the Sen-
ators' offices are frequently called upon for emergency help whenever
there is a situation of this kind. We frequently find that in situa-
tions which are much more critical, a dying wife who is dying of can-
cer or a dying child, it makes it very difficult for us to stop an em-
barkation order even for a temporary reason.
I have no doubt your daughter needed the treatment. Neverthe-
less, it seems a little odd to me that you should be completely re-
assigned. A man with the ability as a dentist such as you have would
certainly have been needed abroad. I wanted to know. Did you know
somebody in the Adjutant General's office? You didn't speak to any
Congressman or Senator, and yet just the Red Cross was able to stop
it?
Mr. Peress. I didn't speak to any Congressman or Senator, and the
reasons are not as far-fetched as you attempt to seem to understand
them at this point. As I say, the authority exists in the Army regu-
lations, which are also available to you, and the Red Cross does the
investigating as to whether there is really a compassionate need for
consideration of the case as to stop an embarkation.
The Chairman. I think in fairness to the Red Cross — I do not Iniow
who investigated this case — as I understand it, the Red Cross merely
makes an investigation and does not take any active part in getting
a change or cancellation of orders. The Red Cross merely reports
the facts. I believe that is correct. I may be wrong in that.
Mr. Peress. As I was saying, the Red Cross reports on whether
there exists sufficient reason to warrant a consideration by the Army,
because otherwise the orders cannot be halted in time.
Mr. Rainville. Very f requentlv the Red Cross comes to us and asks
for our aid because very frequently they alone cannot get these things
•done in the time allowed.
HEARINGS ON SENATE RESOLUTION 301 233
My question is, if the Ked Cross did this, and did it alone for you,
from my experience in handling hundreds of these cases a week, for
what is trivial compared to other things — not to you, of course, a
trivial reason — I would like to know if you did not know someone
some place, somebody in the Adjutant General's office, perhaps a party
member ?
Mr. Peress. To my knowledge, I know nobody in the Adjutant
General's office, without qualification.
Mr. Rainville. In 1949, did you serve in a Communist cell with
anybody who might have had influence in the Army, who was an
officer in the Army ?
(The witness conferred with his counsel.)
Mr. Peress. That question I decline to answer, on the fifth amend-
ment.
Mr. Rainville. I presume it is useless to ask you whether or not
that person still is in the Adjutant General's office ?
Mr. Peress. Wliich person ?
Mr. Rainville. The person you decline to answer about.
Mr. Peress. Does such a person exist because of the posing of the
question ?
Mr. Rainville. I would presume if he didn't exist, it would be easier
for you to say no than to decline to answer.
(The witness conferred with his counsel.)
The Chairman. You will either talk for the record or you will talk
only to your counsel. I will hear none of these speeches off the record
from you. If you want to discuss any matter with your counsel, you
will do it in an undertone so that only you and he can hear it. Other-
wise you will speak for the record.
Mr. Rainville. Just one last question. Your daughter is still
undergoing these treatments, and that is the reason you were still
here until February 2 ?
Mr. Peress. I don't know the reason I am here, but my daughter is
still undergoing the treatments.
The Chairman. There is one further question. Did a member of
the Communist Party help you get your orders changed from Yoko-
hama to Camp Kilmer?
(The witness conferred with his counsel.)
Mr. Peress. I decline to answer that question on the grounds that it
might tend to incriminate me.
The Chairman. Were you successful in forming a Communist cell
at Camp Kilmer ?
Mr. Peress. I decline to answer that question under the fifth amend-
ment.
The Chairman. Did your wife attend a Communist leadership
school ?
Mr. Peress. I decline to answer that question.
The Chairman. Just to refresh your recollection, we will give you
the name of the school.
Mr. CoHN. It was the leadership training course at t>»e Inwood
Victory Club, which was conducted at 139 Dyckman Street.
The Chairman. With your memory refreshed, did you attend that
leadership school ?
Mr. Peress. I decline to answer that question on the grounds thar
it might tend to incriminate me, under the fifth amendment.
234 HEARINGS ON SENATE RESOLUTION 301
The Chairman, How long have you been married?
Mr. Peress. What is the question ?
The Chairman. How long have you been married, just rouglily?
(The witness conferred with his counsel.)
Mr. Peress. Is that relevant to this investigation ?
The Chairman. Answer the question.
Mr. Peress. Since June 7, 1942.
The Chairman. Does your wife have any brothers or sisters work-
ing for the Government ?
(The witness conferred with his counsel.)
The Chairman. Or for any Government agency?
■ Mr. Peress. I decline to answer that question.
The Chairman. You are ordered to answer that question.
Mr. Peress. I decline to answer that question under the fifth amend-
ment.
The Chairman. You go right ahead, Mister, and decline.
Do you have any brothers or sisters working for any Government
agency ?
Mr. Peress. I decline to answer that question.
The Chairman. You are ordered to answer.
Mr. Peress. I decline to answer.
The Chairman. Give us the names of your brothers.
(The witness conferred with his counsel.)
Mr. Peress. William
Tlie Chairman. What is his last name? The same as yours?
Mr. Peress. The same as mine.
The Chairman. What is his address?
(The witness conferred with his counsel.)
Mr. Peress. Brooklyn, I will have to look it up.
The Chairman. Is he a member of the Communist Party?
Mr. Peress. I decline to answer that.
The Chairman. Whereabouts in Brooklyn does William live?
Mr. Peress. I don't know the name of the section.
The Chairman. The last question was: Where does William live
in Brooklyn?
Mr. Peress. I said I don't — what do you mean; the street?
The Chairman. Yes, as best you can tell us.
Mr. Peress. I don't know.
The Chairman. You don't know what street he lives on?
Mr, Peress. I am not sure. I know how to go there.
The Chairman. How do you go there?
Mr. Peress. I drive on the Belt Parkway from my house and go
down Flatlands Avenue. I don't know the streets where I turn over
to go there.
The Chairman. What is your brother's occupation?
(The witness conferred with his counsel.)
Mr. Peress. I decline to answer that question.
The Chairman. You are ordered to answer it.
Mr. Peress. I decline, sir, under the fifth amendment.
The Chairman. Does he work for the Government, the United
States Government?
Mr. Peress. I decline to answer.
The Chairman. You are ordered to answer.
Mr. Peress. I decline.
i
HEARINGS ON SENATE RESOLUTION 301 235
The Chairman. How many other brothers do you have ?
Mr. Peress. One.
The Chairman. What is his name?
Mr. Peress. Same last name; Abraham Herbert.
The Chairman. And where does Abraham work ?
(The witness conferred with his counsel.)
Mr. Peress. Where does he work?
The Chairman. Yes.
Mr. Peress. 10 Hillside Avenue.
The Chairinian. 10 Hillside Avenue. Wliat kind of work does
he do?
(The witness conferred with his counsel.)
The Chairman. Let's put it this way: Does he work either in a
defense plant or for any Government agency ?
Mr. Peress. I decline to answer that question under the fifth amend-
ment.
The Chairman. Do you feel if you were to tell us the truth in answer
to that question that answer might tend to incriminate you ?
Mr. Peress. It might.
The Chairman. Do you feel it might?
Mr. Peress. I feel it might.
The Chairman. Do you feel if you were to tell us the truth as to
where William worked that answer might tend to incriminate you?
Mr. Peress. I feel it might.
The Chairman. Again, while I don't think I owe any duty to mem-
bers of the Communist conspiracy, I do want to let you know what this
committee intends to do, insofar as I, as chairman, can get them to
do it, so you cannot claim you were entrapped or claim ignorance at
some future proceedings. I intend to find out, obviously, what your
two brothers are doing. If their occupation could in no way tend
to incriminate you, I will ask that you be cited for contempt. I just
want you to know that. I just want you to know that you Communists
cannot play with the fifth amendment before this committee.
Do you have any sisters ?
(The witness conferred with his counsel.)
The Chairman. While Mr. Peress is consulting with his counsel,
Mr. Adams, what I would like to have this afternoon is the name of
the individual who has been in charge of Peress' personnel file which
we subpenaed. I would like to have him before us under oath on the
question of the completeness of the file.
I want to tell you, in view of the fact that we have always been
laying our cards strictly on the table with you and with Mr. Stevens,
that we have an inventory of the file at the time we subpenaed it, and
we have compared that with the file as handed to us. So I will want
the man who was in charge of this file, who answered the subpena and
presented it — I want him here under oath to explain the discrepancy
between the inventory which we received from another Government
agency and the inventory as the file was handed to us.
I assume that you might have some difficulty getting him in here
this afternoon. If possible, I would like to have him this afternoon;
and if not, we will want to hear him in Washington next week.
Mr. Peress. I will decline to answer that under the fifth amendment.
The Chairman. You decline to answer whether you have any
sisters ?
52461 — 54 16
236 HEARINGS ON SENATE RESOLUTION 301
Mr. Peress. I thought you were back on the other point. No; I
have no sisters.
The Chairman. You have no sisters. Is your father living ?
Mr. Peress. Yes.
The Chairman. Is he working for the Government?
(The witness conferred with his counseh)
Mr. Peress. I decline to answer that question.
(The witness conferred with his counsel.)
The Chairman. What is you father's first name ?
Mr. Peress. On the last question, my father is not working at all.
The Chairman. Your father is not working ?
(The witness conferred with his counsel.)
The Chairman. Mr. Peress, I realize this as a waste of the com-
mittee's time to ask you this question, except that we want the record
complete. Can you tell us, can you shed any light at all on the ques-
tion of why you were commissioned, why you were promoted, why
you were given an honorable discharge after the public records dis-
closed that you were a Communist Party leader; after the record
shows as early as April of 1953 your commanding officer and the com-
manding officer of the First Army joined in a recommendation to have
you immediately separated after you refused to tell the Army whether
you were a part of the Communist conspiracy ?
As I say, I realize it is a waste of time asking you to answer the ques-
tion, but I want to have the record complete. Wliat is your answer?
Mr. Peress. I really couldn't make a question out of it. Would
you repeat it please ?
The Chairman. No, it is not necessary.
Mr. Peress. What was the significance of April 1953 ?
The Chairman. May I say, for the benefit of your counsel, while
this fifth amendment Communist may have been removed from the
court martial jurisdiction of the Army, he has not been removed from
the jurisdiction of our civil courts. I am referring the entire record
in this case, both in executive session and in public session, together
with the affidavits which he has signed, obviously false affidavits,
to the Justice Department with the suggestion that this be submitted
to a grand jury for criminal prosecution.
I may say to counsel, as a courtesy to counsel, if you will keep in
touch with the chief counsel of our committee, Mr. Roy Cohn, he will
keep you informed as to the steps that we take in Mr. Peress' case.
Mr. Peress, you are not released from the subpena. You will con-
sider yourself under subpena.
Let me ask counsel, when we want this individual again would
you prefer that we notify you, or would you prefer that the notice
go directly to Peress ?
Mr. Faulkner. You may notify me.
The Charman. We try to give sufficient notice so that it can fit into
your other work.
I assume 4 or 5 days or a week's time would be sufficient?
Mr. Faulkner. We are ready, willing, and able to testify at any
time we are called upon. We came down here the last time without
subpena, in executive session.
Tlie Chairman. Yes. You were ordered down by the Army.
Mr. FAUiiKNER. There was no order, Mr. Senator.
The Chairman. We will not waste any time on that.
HEARINGS ON SENATE RESOLUTION 301 237
You understand, ]\Ir. Peress, you are under subpena. Your coun-
sel will be notified when you are to return before the committee.
This afternoon at 2 : 30, we will hear the Army, certain Army offi-
cers, in executive session.
Again, may I say that the legal counsel for the Army is invited to-
be present, if he cares to.
Mr. Faulkner. Are we requested to remain for the rest of the day ?
The Chairman. No. You will be notified when you are wanted
again.
(Whereupon, at 12 : 15 p. m., the public hearing was recessed, subject
to call.)
TESTIMONY OF BRIG. GEN. RALPH W. ZWICKER, UNITED STATES
ARMY; ACCOMPANIED BY CAPT. W. J. WOODWARD, MEDICAL
CORPS, UNITED STATES ARMY
General Zwicker. I do.
Before we start, there is no need for a medical officer to be in here.
The Chairman. That is O. K.
Mr. CoHN. A man who is his own lawyer has a fool for a client,
and it is the same thing with a man who tries to be his own doctor.
General, could we have your full name?
General Zwicker. Ralph W. Zwicker.
Mr, CoHN. General, to see if we can save a little time here, isn't the
situation this — by the way, you have been commanding officer at Kilmer
since when?
General Zwicker. Since the middle of July last year.
Mr. CoHN. Has the Peress case come to your attention since that
time ? I am not asking questions about it.
General Zwicker. Yes.
Mr. CoHN. It has come to your attention and you have a familiarity
with that case?
General Zwicker. Yes.
Mr. CoHN. Now, general, would you like to be able to tell us exactly
what happened in that case, and what steps you took and others took
down at Kilmer to take action against Peress a long time before action
was finally forced by the committee ?
General Zwicker. That is a toughie.
Mr. CoHN. All I am asking you now is if you could, if you were at
liberty to do so, would you like to be in a position to tell us that story ?
General Zwicker. Well, may I say that if I were in a position to do
so, I would be perfectly glad to give the committee any information
that they desired.
Mr. CoHN. You certainly feel that that information would not
reflect unfavorably on you ; is that correct?
General Zwicker. Definitely not.
Mr. CoHN. And would not reflect unfavorably on a number of other
people at Kilmer and the First Army ?
General Zwicker. Definitely not.
The Chairman. It would reflect unfavorably upon some of them,
of course ?
General Zwicker. That I can't answer, sir. I don't know.
The Chairman. Well, you know that somebody has kept this man
on, knowing he was a Communist, do you not ?
238 HEARINGS ON SENATE RESOLUTION 301
General Zwicker. No, sir.
The Chairman. You know that somebody has kept him on know-
ing that he has refused to tell whether he was a Communist, do you
not?
General Zwicker. I am afraid that would come under the category
of the Executive order, Mr. Chairman.
The Chairman. What?
General Zwicker. I am afraid an answer to that question would
come under the category of the Presidential Executive order.
The Chairman. You will be ordered to answer the question.
General Zwicker. Would you repeat the question, please?
Mr. CoHN. Read it to the general.
(The question referred to was read by the reporter.)
General Zwicker. I respectfully decline to answer, Mr. Chairman,
on the grounds of the directive, Presidential directive, which, in my
interpretation, will not permit me to answer that question.
The Chairman. You know that somebody signed or authorized an
honorable discharge for this man, knowing that he was a fifth amend-
ment Communist, do you not?
General Zwicker. I know that an lionorable discharge was signed
for the man.
The Chairman. The day the honorable discharge was signed, were
you aware of the fact that he had appeared before our committee ?
General Zwicker. I was.
The Chairman. And had refused to ansAver certain questions?
General Zw^icker. No, sir, not specifically on answering any ques-
tions. I knew that he had appeared before your committee.
The Chairman. Didn't you read the news ?
General Zwicker. I read the news releases.
The Chairman. And the news releases were to the effect that he had
refused to tell whether he was a Communist, and that there was evi-
dence that he had attended Communist leadership schools. It was on
all the wire service stories, was it not ? You knew generally what he
was here for, did you not?
General Zwicker. Yes; indeed.
The Chairman. And you knew generally that he had refused to tell
whethei^fte was a Communist, did you not?
General Zwicker. I don't recall whether he refused to tell whether
he was a Communist.
The Chairman. Are you the commanding oflScer there?
General Zwicker. I am the commanding general.
The Chairman. Wlien an officer appears before a committee and
refuses to answer, would you not read that story rather carefully?
Genera] Zwicker. I read the press releases.
The Chairman. Then, General, you knew, did you not, that he
appeared before the committee and refused, on the grounds of the
fifth amendment, to tell about all of his Communist activities? You
knew that, did you not?
General Zwicker. I knew everything that was in the press.
The Chairman, Don't be coy with me. General.
General Zwicker. I am not being coy, sir.
The Chairman. Did you have that general picture?
HEARINGS ON SENATE RESOLUTION 301 239
General Zwicker. I believe I remember reading in the paper that
he had taken refuge in the fifth amendment to avoid answering
questions before the committee.
The Chairman, About communism?
General Zwicker. I am not too certain about that.
The Chairman. Do you mean that you did not have enough interest
in the case, General, the case of this major who was in your command,
to get some idea of what questions he had refused to answer ? Is that
correct ?
General Zwicker. I think that is not putting it quite right, Mr.
Chairman.
The Chairman. You put it right, then.
General Zwicker. I have great interest in all of the officers of my
command, with whatever they do.
The Chairman. Let's stick to fifth-amendment Communists, now.
Let's stick to him. You told us you read the press releases.
General Zwicker. I did.
The Chairman, But now you indicate that you did not know that he
refused to tell about his Communist activities. Is that correct '?
General Zwicker. I know that he refused to answer questions for the
committee.
The Chairman. Did you know that he refused to answer questions
about his Communist activities?
General Zwicker. Specifically, I don't believe so.
The Chairman. Did you have any idea?
General Zwicker. Of course I had an idea.
The Chairman. What do you think he was called down here for?
General Zwicker. For that specific purpose.
The Chairman. Then you knew that those were the questions he was
asked, did you not? General, let's try and be truthful. I am going
to keep you here as long as you keep hedging and hemming.
General Zwicker. I am not hedging.
The Chairman. Or hawing.
General Zwicker. I am not hawing, and I don't like to have anyone
impugn my honesty, which you just about did.
The Chairman. Either your honesty or your intelligence; I can't
help impugning one or the other, when you tell us that a major in your
command who was known to you to have been before a Senate com-
mittee, and of whom you read the press releases very carefully — to
now have you sit here and tell us that you did not know whether he
refused to answer questions about Conununist activities, I had seen
all the press releases, and they all dealt with that. So when you do
that. General, if you will pardon me, I cannot help but question either
your honesty or your intelUigence, one or the other. I want to be
frank with you on that.
Now, is it your testimony now that at the time you read the stories
about Major Peress, that you did not know that he had refused to
answer questions before this committee about his Communist
activities ?
General Zwicker. I am sure I had that impression.
The Chairman. Did you also read the stories about my letter to
Secretary of the Army Stevens in which I requested or, rather, sug-
gested that this man be court-martialed, and that anyone that pro-
tected him or covered up for him be court-martialed?
240 HEARINGS ON SENATE RESOLUTION 301
General Zwicker. Yes, sir.
The Chairiman. That appeared in the papers on Sunday and Mon-
day, right ?
General Zwicker. I don't recall the exact date.
The Chairman. At least, it appeared before he got his honorable
discharge ?
General Zwicker. I don't know that that was true, either, sir.
The Chairman. In any event, you saw it in a current paper, did
you?
General Zwicker. I did.
The Chairman. You did not see the story later. So that at the
time he was discharged, were you then aware of the fact that I had
suggested a court-martial for him and for whoever got him special
consideration ?
General Zwicker. If the time jibes, I was.
The Chairman. Were you aware that he was being given a dis-
charge on February 2? In other words, the day he was discharged,
were you aware of it ?
General Zwicker. Yes ; yes, sir.
The Chairman. Wlio ordered his discharge?
General Zwicker. The Department of the Army.
The Chairman. "Who in the Department?
General Zwicker. That I can't answer.
Mr. CoHN. That isn't a security matter ?
General Zwicker. No. I don't know. Excuse me.
Mr. CoHN. Who did you talk to? You talked to somebody?
General Zwicker. No, I did not.
Mr. CoHN. How did you know he should be discharged ?
General Zwicker. You also have a copy of this. I don't know why
you asked me for it. This is the order under which he was discharged,
a copy of that order.
The Chairman. Just a minute.
You are referring to an order of January 19.
General Zwicker. I am not sure, sir. Just a moment.
The Chairman. January 18. Will you tell me whether or not you
were at all concerned about the fact that this man was getting an
honorable discharge after the chairman of the Senate Investigating
Committee had suggested to the Department of the Army that he be
court-martialed ? Did that give you any concern ?
General Z\\^CKER. It may have concerned me, but it could not have
changed anything that was done in carrying out this order.
The Chairman. Did you take any steps to have him retained until
the Secretary of the Army could decide whether he should be court-
martialed ?
General Zavicker. No, sir.
The Chairman. Did it occur to you that you should ?
General Z"\^t:cker. No, sir.
The Chairman. Could you have taken such steps ?
General Zwicker. No, sir.
The Chairman. In other words, there is nothing you could have
done ; is that your statement ?
General Zwicker. That is my opinion.
Mr. Eainville. May I interrupt a minute? Doesn't that order
specifically state that this is subject to your check as to whether he
is in good health and can be discharged ?
HEARINGS ON SENATE RESOLUTION 301 241
General Zwicker, May I read it ?
Mr. Rainville. I read the order. It is in there.
General Zwicker. Paragraph 5 of this order states :
Officer will not be separated prior to determination that he is physically quali-
fied for separation by your headquarters.
Mr. Rainville. That is a decision 
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